K Damages

Question 1

Expectation Damagse

Answer 1

Expectation damages relate the benefit the P expected to get out of the contract. It puts the P in the place he would have been had the breach not occurred. Here,

Question 2

Consequential Damages

Answer 2

Consequential damages are “special” damages that are awarded to the P in addition to the lost expectation. Consequential damages must be foreseeable at the time the contract was entered into. Here,

Question 3

Incidental Damages

Answer 3

Incidental damages are those damages that are suffered by the P as a direct result of the breach. Such damages include: storage fees, shipping fees, etc.

Question 4

Liquidated Damges

Answer 4

Incidental damages are specified in the K. For the Liquidated Damages clause to be valid, actual damages must be difficult to calculate, and the amount specified in the clause must be reasonable approximation. Here,