Loss of Use Damages

Question 1

Intro

Answer 1

In addition to substitutionary relief, the rightful position also allows for LOSS OF USE damages

Question 2

Loss of Use damages represent….

Answer 2

the value to π of not being able to use his/her property up to a designated time. This time is generally measured obj..

Question 3

RULE: Figuring out the fixed time point for Loss of Use

Generally, it is measured objectively by either:

Answer 3

1) reasonable rental value (how much π reas. could have rented property out for)
or
2) value that π would have reasonably spent to rent a substitute.

Question 4

In commercial cases, what will courts allow to calculate Loss of Use

Answer 4

Lost Profits
(**however can also be used as conseq. damages award)
**π can ask for lost profits under BOTH but will only be awarded under ONE.