## Need Help With Damages Hypo

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jaicastel

Posts: 8
Joined: Tue Jan 31, 2012 1:53 pm

### Need Help With Damages Hypo

Dealer breaks a K by refusing to buy a painting for the K price of 100. Artist spent \$60 to make it. The only price artist can get for the painting is \$40. It costs \$35 to resell painting. Should artist resell?
a) What are expectation damages?
b) What are expectation damages is Artist does not resell?
c) What if the resale costs were \$50?

I am getting a wide range of answers. I have

100K Price
- \$60 costs to make
= 40 Profits

+ 40 to sell painting to another
- 35 cost to resell
-60 money spent

40 + 55 = 95. Correct answer or nay for A?

Pokemon

Posts: 3527
Joined: Thu Jan 12, 2012 11:58 pm

### Re: Need Help With Damages Hypo

Expectation damages are \$100 if there is no resale.

If he resells at \$40, but the cost of the resale is \$35, then mitigation is \$5. So \$100-\$5= \$95. Expectation damages should be \$95.

If the resale costs are \$50, he should not resale... he needs to mitigate the damages...

It has been over a year, but that is how I see it.

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