Remedies

Question 1

Legal Remedies

Answer 1

Money Damages

Question 2

Expectation damages

Answer 2

Default
put you in position as if the contract had been performed

You can get if the damages are foreseeable with a reasonable certanity

(K price) – (money received/saved) + Costs

Question 3

Reliance Damages:

Answer 3

To put me in position that I was in prior to the contract

(cost I spent in reliance)

When I cannot get expectation damages because they are too speculative

Question 4

Restitution Damages

Answer 4

When K partially performed

to try to get back the value of what I gave you

Measured by the market value of the service.

At the option of the nonbreaching party instead of expectation damages.

Question 5

Consequential damages

Answer 5

Foreseeable costs because of the breach.

Question 6

Incidental damages

Answer 6

Out of pocket expenses that I incurred.

Question 7

Liquidated damages

Answer 7

Damages that are determined at the time we make the contract.

Cannot act as a penalty

Question 8

Quantum merit

Answer 8

Recover reasonable value of services. Breaching party is the one seeking damages.

Even the breaching party can recover the value of the work they did minus any damages that they did