LAW 122: Chapter 12-Questions and
Answers.
Expectation Damages - Answer represent the monetary value of the benefit that the plaintiff
expected to receive under the contract.
Expectation damages are forward looking - Answer they are intended to create the position
that the plaintiff expected to enjoy after the defendant properly performed.
Expected Damages = - Answer Expected Benefits - Expected Costs
Expected Damages Factors - Answer 1. difficulty of calculation
2. cost of cure or loss of value
3. alternative performance
4. intangible losses and 5. emotional distress
6. Remoteness
7. mitigation of damages
Difficulty of Calculation - Answer - Expectation damages are usually available even if they are
very difficult to calculate.
- The courts will do the best they can, if the calculation of the plaintiff 's loss is not merely
difficult, but entirely speculative, a court will not award damages.
Cost of Cure or Loss of Value - Answer - Sometimes, it is difficult to decide exactly what the
plaintiff expected to receive from the defendant.
- There may be a question as to whether the plaintiff expected to receive a service or the value
of the end product of that service.
Alternative Performance - Answer - As a general rule, expectation damages allow the plaintiff
to fully recover the anticipated benefits of the contract.
- A difficulty may arise, however, if a contract allowed the defendant to perform in a variety of
ways, each of which would involve different costs and benefits.
Intangible Losses and Emotional Distress - Answer - Expectation damages are also difficult to
calculate when the plaintiff suffers an intangible loss as a result of the defendant's breach.
- Examples include the anger, frustration, sadness, or disappointment that may occur when a
promise is broken, those losses are very real, but they do not carry a price in the marketplace.
- Can sue for intangible and emotional distress if you can prove it
Answers.
Expectation Damages - Answer represent the monetary value of the benefit that the plaintiff
expected to receive under the contract.
Expectation damages are forward looking - Answer they are intended to create the position
that the plaintiff expected to enjoy after the defendant properly performed.
Expected Damages = - Answer Expected Benefits - Expected Costs
Expected Damages Factors - Answer 1. difficulty of calculation
2. cost of cure or loss of value
3. alternative performance
4. intangible losses and 5. emotional distress
6. Remoteness
7. mitigation of damages
Difficulty of Calculation - Answer - Expectation damages are usually available even if they are
very difficult to calculate.
- The courts will do the best they can, if the calculation of the plaintiff 's loss is not merely
difficult, but entirely speculative, a court will not award damages.
Cost of Cure or Loss of Value - Answer - Sometimes, it is difficult to decide exactly what the
plaintiff expected to receive from the defendant.
- There may be a question as to whether the plaintiff expected to receive a service or the value
of the end product of that service.
Alternative Performance - Answer - As a general rule, expectation damages allow the plaintiff
to fully recover the anticipated benefits of the contract.
- A difficulty may arise, however, if a contract allowed the defendant to perform in a variety of
ways, each of which would involve different costs and benefits.
Intangible Losses and Emotional Distress - Answer - Expectation damages are also difficult to
calculate when the plaintiff suffers an intangible loss as a result of the defendant's breach.
- Examples include the anger, frustration, sadness, or disappointment that may occur when a
promise is broken, those losses are very real, but they do not carry a price in the marketplace.
- Can sue for intangible and emotional distress if you can prove it
