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Contract Law: Remedies to Breach of Contract
Remedies to Breach of Contract
Consequential Damages-HADLEY must arise naturally from breach OR should have been within breacher’s contemplation-(foreseeable) Reasonably certain
Expectation Damages-puts party in position of performed contract A=loss in value cost avoided+other B=cost of reliance+profit+other Must be reasonably certain
Reliance-puts non breacher back to pre contact See also relief for quasi-contact
Restitution Damages: Disgorge benefit-puts breacher back to pre-contact Specific performance-where damages would not suffice.
Incidental Damages-loss resulting from attempting to minimize loss due to breach
Liquidated Damages-damages difficult to ascertain Reasonable estimate of damages from breach-NO PENALTIES No punitive damages
Mitigation Lost volume seller No duty per se, but failure to do so reduces damages Stop work where continuing would increase damages Stop work where continuing would increase damages Cover
Injunction
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