Contracts Q Forum
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Reds622
- Posts: 31
- Joined: Mon Nov 22, 2010 4:42 pm
Contracts Q
I have a question about damages in Contracts. No problems with understanding each individual remedy(expectation, reliance, restitution). Having difficulty with when they come up. When would a court award Expectation damages, versus awarding restitution? The breacher has benefitted in both situations.. So I understand the non-breacher would always try and get expectation damages, so I guess the question is when does is not apply? Any ideas?
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Sapientia
- Posts: 165
- Joined: Mon Sep 19, 2011 6:13 pm
Re: Contracts Q
Expectation damages when there's a breach of a contract. Restitution when there has been a gratuitous conferral of material benefitReds622 wrote:I have a question about damages in Contracts. No problems with understanding each individual remedy(expectation, reliance, restitution). Having difficulty with when they come up. When would a court award Expectation damages, versus awarding restitution? The breacher has benefitted in both situations.. So I understand the non-breacher would always try and get expectation damages, so I guess the question is when does is not apply? Any ideas?
probably not, though; i took contracts last semester, so i don't remember everything.
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2transferornot
- Posts: 89
- Joined: Mon Mar 12, 2012 1:11 pm
Re: Contracts Q
Reds622 wrote:I have a question about damages in Contracts. No problems with understanding each individual remedy(expectation, reliance, restitution). Having difficulty with when they come up. When would a court award Expectation damages, versus awarding restitution? The breacher has benefitted in both situations.. So I understand the non-breacher would always try and get expectation damages, so I guess the question is when does is not apply? Any ideas?
Normal measure of damages = ED
When ED is hard to prove, injured party can start with reliance damages. Then breaching party can try to prove loss to subtract from this.
When the breach is material, injured party has option of seeking restitution. In other contexts, (for example when a contract is voided), the court has the option of awarding restitution to prevent unjust enrichment.
