Damages...Help! Forum

[doctoroflaw91]

Could someone help me with contract damages? I've gotten myself thoroughly confused and I've got an exam coming up pretty quickly.

On a single contract, can a party only collect EITHER expectation, reliance, or restitution damages? I understand that the nonbreaching party will likely try to make arguments for all three types of damages in court in order to maximize recovery, but is the party only allowed to actually recover on one theory of damages?

[iliketurtles123]

Could someone help me with contract damages? I've gotten myself thoroughly confused and I've got an exam coming up pretty quickly.

On a single contract, can a party only collect EITHER expectation, reliance, or restitution damages? I understand that the nonbreaching party will likely try to make arguments for all three types of damages in court in order to maximize recovery, but is the party only allowed to actually recover on one theory of damages?

You only get one

[doctoroflaw91]

Could someone help me with contract damages? I've gotten myself thoroughly confused and I've got an exam coming up pretty quickly.

On a single contract, can a party only collect EITHER expectation, reliance, or restitution damages? I understand that the nonbreaching party will likely try to make arguments for all three types of damages in court in order to maximize recovery, but is the party only allowed to actually recover on one theory of damages?

You only get one

I love that a four-word answer just cleared up most of the topics I've been stuck on today...thank you!

[insd]

I'm pretty sure you can get more than one. Let's say that you have a contract to buy out a restaurant- property, recipes, name, and all. The person defaults. You can get reliance damages if you already bought pots and pans and flew in a chef from Europe. You might also be able to get expectation damages if you can prove that you would have made money on the contract (this argument might be bolstered if you have experience in the restaurant business, etc.). You might also be able to get restitution if you already paid part of the purchase price.

[2807]

Contract damages have one goal: To make the injured party whole.

You can only be made whole. You cannot profit from the breach and be better than your position if the K was completed.

Any of the contract damage arguments (that work to make you whole) are worthy, in part or in total, separately or together, and in the alternative.

You just need facts and law to support the claims if you use various arguments for various contractual damages.

I think all of the above posters are trying to say the same thing.