Damages

Availability of damages

The injured party has a right to damages for any breach of an enforceable contract unless the claim fo damages has been suspended or discharged

nominal damages

If the breach caused no loss or if the amount of the loss is not proved under the rules, a small sum fixed w/o regard to the amount of the loss will be awarded

measure of damages

subject to limitations; the injured party has a right to damages based on his expectation interest as measured by a. the loss of value to him of the other party’s performance caused by it’s failure plus any other losses (incidental/consequential) minus costs avoided by not performing.

Expectation Interest

If someone breaks the contract, the court tries to give the other person what they expected from the deal

Reliance Interest

(losses incurred due to expectation): Put promisee in the position he would have been in had the contract never been made

Hawkins v. McGee

Hawkins v. McGee (The ―Hairy Hand‖ Case) (61) (NH 1929) •Damages=Value of ―perfect hand‖ (as promised) MINUS value of hand P ended up with •In a proper case, P would also be entitled to lost profits or other positive harms done

Restitution Interest

(e.g., down payment, deposit): Put the promisor back in the position he would have been in had the promise never been made