General Damages Principles

Question 1

General damages for breach of contract

Answer 1

The normal measure of damages for breach of contract is expectation damages, which aim to give the nonbreaching party the benefit of his bargain.

Question 2

Expectation damages

Answer 2

Expectation damages must be foreseeable and proved with reasonable certainty.

Question 3

Ucc Damages

Answer 3

Similar to expectation damages , to put the aggreieved party “ in a good position as if the other party had fully performed.

Question 4

Punitive Damages

Answer 4

Not generally recoverable in a breach of contract action “unless the conduct constituting a breach is also a tort for which punitive damages can be recovered”

Question 5

Restitution

Answer 5

A party may be able to recover restitution for any benefit conferred by the way of part performance in excess of the loss that he caused by his own breach.

Question 6

Mitigation

Answer 6

As a general rule a party cannot recover damages for a loss that a party could have avoided by reasonable efforts

Question 7

Equitable remedies

Answer 7

Specific performance
Recission
right of reclamation

Question 8

Specific performance

Answer 8

Is awarded only when monetary damages are considered inadequate to compensate the injured party. Is presumptively applied in real estate transaction.

NOte is not available for contracts of personal service.

Question 9

Recission

Answer 9

Is the cancelling of a contract so as to restore the parties to the position they had before the contract was made.

Question 10

Right to reclamation (replevin)

Answer 10

Under the UCC, a seller may reclaim the goods she sent to a buyer if either of the following circumstances apply:

1. Insolvent buyer
2. Bad checks.