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Contracts • Remedies for Unexcused Non-Performance
K#163
Legal Definition
Under common law, a nonbreaching party cannot recover damages that could have otherwise reasonably been avoided.
Plain English Explanation
Just because you've been made aware of a breach doesn't mean you can sit back and watch damages start to pile up. If the court finds that a portion of your damages could have been avoided if you made reasonable efforts to avoid such damages, then you will not be allowed to recover them from the defendant.
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 consequential damages and when are they recoverable?
What are expectation damages?
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?
