BLAWch18

placing the non-breaching party in as good a position as they would have been had the contract been fully performed

• loss of value
• - costs avoided
• + incidental damages

(+ consequential damages)

• promised vs received
• MV vs contract price

value of the promised performance less value of received performance

damages directly arising from breach of contract

damages that are reasonably foreseeable consequence of contract breach

also as stated in the contract

• foreseeability -- breaching party knew of possible damages at time of contract
• certainty -- non-breaching party must prove amount of damages
• mitigation -- damages could not have been avoided by reasonable effort by nbp

= punitive damages

objective of contract law is to compensate non-breaching party not punish breaching party

law wants parties to act in their best interest

reliance damages -- place nbp in position as if contract had not been made

restitution -- recovery of benefits paid

nominal damages -- loss is negligible or unproven ("no harm, no foul")

liquidated damages -- agreed to in advance, only enforced when reasonable amount

• voidable contract
• unenforceable contract

equitable remedies (only if money is not enough):

specific performance -- court forces breaching party to perform (can't if service agreement => civil rights' issue)

injunction -- court prohibits BP from doing sth

reformation -- court corrects written contract to conform w/ original intent

it's always subject to specific performance