Contract (Restitutionary Damages) Flashcards

1
Q

How to calculate restitutionary damages when K materially breached

A

The nonbreaching party can recover the value of their performance, but the damages cannot exceed the contract rate* and they are reduced by any damages suffered by the defendant as a result of the breach

*does not apply if K was unenforceable (i.e., can exceed K rate)

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