Damages

Question 1

Compensatory (Expectancy) Damages

Answer 1

• An amount intended to put the plaintiff in the position he would be in if the contract had been performed e.g. the value of a good or perfect hand as promised and the value of the hand after the operation
• If the plaintiff had not yet paid the doctor his fee, that amount would be deducted from the recovery
• There could be no recovery for pain and suffering of the operation, since that would have still occurred had the operation been successful
• However, if the plaintiff was put to more pain than he would have had to endure, he should be compensated for that difference as a apart of the expectation damages

VH-high value nose
VL-low value nose (post op)
VM- middle of the road nose (pre op)

= (VH-VL)+PS

Question 2

Restitution Damages

Answer 2

An amount corresponding to any benefit conferred by the plaintiff upon the defendant in the performance of the contract disrupted by the defendant’s breach

Question 3

Reliance Measure

Answer 3

• To put plaintiff back in the position he occupied just before the parties entered upon the agreement
• To compensate plaintiff for the detriment he suffered in reliance upon the agreement
• Recover any expenditure made by plaintiff, and other detriment following proximately and foreseeably upon defendant’s failure to carry our his promise
• Damages for any worsening of the plaintiff’s condition due to the breach

VH-high value nose
VL-low value nose (post op)
VM- middle of the road nose (pre op)

= (VM-VL)+PS