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Whether damages were foreseeable?
Damages are foreseeable if they are:
contemplated at the time the contract is made with a focus on the breaching party;
losses for which defendant had reason to know; and
losses must be foreseeable as a probable result of the breach; does not extend to remote losses.
Whether the damages were reasonably certain
Damages must be reasonably certain in both nature and origin; neither can be speculative
nature
reasonably quantifiable in a dollar amount after the breach
origin
resulting from the breach
whether there was a duty to mitigate
Damages are not recoverable for loss that the injured party could have avoided without undue risk, burden, or humiliation; and
the injured party is not precluded from recovery to the extent that he has made reasonable but unsuccessful efforts to avoid loss.
Whether there is an employee’s duty to mitigate
Must find Suitable employment, Substantially equivalent to the position lost; and suitable to a person’s background and experience
General measure partial breach
Loss in value + other loss
general measure total breach
loss in value + other loss - cost avoided - loss avoided
real estate seller breach
FMV - K price + other loss
real estate buyer breach
K price - FMV + other loss
employee breach
cost of replacement + other loss
contractor breach
cost of completion of diminution in value
diminution in value
determine if:
substantial performance has already been completed
unreasonable economic waste to cure breach
breach unintentional
breach was a trivial defect
