Contracts

Question 1

Purpose

Answer 1

To put the wronged party in the same position as if the contract had been performed.

Question 2

General measure of damages

Answer 2

Damages that directly arise from breach of contract and any consequential damages within the contemplation of the parties at the time the contract was made.

Question 3

Implied Contracts - Quantum Meruit

Answer 3

Even if no contract, if goods or services have been provided then the law presumes that there is a promise to pay the reasonable value of the goods. Measure is the value of the goods at the time of receipt.

Question 4

Consequential Damages

Answer 4

Not recoverable unless contemplated at the time of the agreement. (Hadley). Loss profits generally not recoverable under breach of contract.