BLW 201 Ch. 18

contract damages placing the injured party in a position as good as the one he would have held had the other party performed; equals loss of value (minus) loss avoided by injured party (plus) incidental damages (plus) consequential damages

loss of value, cost avoided, incidental damages, and consequential damages

value of promised performance minuse value of actual performance

loss or costs the injured party avoids by not having to perform

damages arising directly out of a breach of contract

damages not arising directly out of breach but arising as a foreseeable result of the breach

a small sum awarded where a contract has been breached but the loss is negligible or unproved

contract damages placing the injured party in as good a position as she would have been in had the contract not been made

benefit-of-the-bargain damages and out-of-pocket damages

difference between the value of the fraudulent party's performance as represented and the value the defrauded party received

difference between the value given and the value received

generally not recoverable for breach of contract

reasonable damages agreed to in advance by the parties to a contract

foreseeability of damages, certainty of damages, and mitigation of damages

potential loss that the party now in default had reason to know of when the contract was made

damages are not recoverable beyond an amount that can be established with reasonable certainty

injured party may not recover damages for loss he could have avoided by reasonable effort

only where there is no adequate remedy at law

specific performance, injunction, and reformation

restoration of the injured party to the position he was in before the contract was made

party injured by breach, party in default, statute of frauds, and voidable contracts

if the other party totally breaches the contract by nonperformance or repudiation

for any benefit conferred in excess of the loss caused by the breach

where a contract is unenforceable because of the statute of frauds, a party may recover beneifts conferred on the other party in reliance on the contract

a party who has avoided a contract is entitled to restitution for any benefit conferred on the other party

if remedies aren't inconsistent, a party injured by a breach of contract may seek more than one

• a party with the power to avoid a contract may lose that power by:
• affirming the contract
• delying unreasonably in exercising the power of avoidance
• being subordinated to the intervening rights of third parties