Damages Flashcards
1
Q
What needs to be foreseeable?
A
The type of loss. Not how the loss happened.
2
Q
What is the rule for foreseeability?
A
Damages from breach of contract should only be those that are reasonable and fairly considered at the time the contract was made if no special circumstances are clearly communicated
3
Q
Who must have foreseen the loss?
A
The breaching party?
4
Q
What standard is used for foreseeability?
A
An objective one, in part.
5
Q
What are nonrecoverable damages?
A
Attorney fees, punitive damages, emotional distress.
6
Q
What is the “American rule”
A
Does not allow for recovery of attorney fee. Winner must bear costs of own litigation
