🤔
Contracts • Remedies for Unexcused Non-Performance
K#156
Legal Definition
Expectation damages protect the reasonable expectations of the parties by giving a party the benefit of the bargain.
Plain English Explanation
Expectation damages give the plaintiff the value they expected to get from the bargain.
Hypothetical
Hypo 1: Sam needs his house painted. Bob offers to paint his house for $300. They both agree to the terms and form a contract. Unfortunately, Bob is feeling extra lazy and decides he doesn't want to paint Sam's house. Amy is another local house painter and will paint Sam's house for $350. Result: Under expectation damages, the benefit of the bargain was that Sam was going to get his house painted for $300. If Bob breaches and Sam is forced to pay $350 to Amy to get his house painted, then he can sue Bob for $50 so that his net expense is equal to the original bargain of $300.
Visual Aids
Related Concepts
Are damages recoverable when uncertain?
How do you calculate damages in a breach of a construction contract?
How do you calculate damages in a breach of an employment contract?
How do you calculate damages in the breach of a sale of land contract?
Under the UCC, what formula is used to determine a buyer's damages if a seller breaches and has not tendered any goods?
Under the UCC, what formula is used to determine a buyer's damages if a seller breaches and the buyer keeps the goods?
Under the UCC, what formula is used to determine a seller's damages if a buyer breaches and the buyer keeps the goods?
Under the UCC, what formula is used to determine a seller's damages if a buyer breaches and the seller has not tendered any goods?
What are avoidable damages?
What are consequential damages and when are they recoverable?
What are incidental damages and when are they recoverable?
What are reliance damages?
What are the monetary remedies for breach?
What are the non-monetary remedies for breach?
What is restitution?
What is specific performance?
When are covenants not to compete enforceable?
When are covenants not to compete enforceable in California?
When are liquidated damages appropriate?
When is specific performance unavailable as a remedy?
When may a buyer recover goods from a seller?
When may a seller reclaim goods from a buyer?
