Welcome back to the Law School Toolbox podcast! Today, as part of our series presenting law that 1Ls should know, we cover contract expectation damages under the common law — the standard putting the non-breaching party in the position they would have been in had the contract been performed. We look at what damages may be claimed as direct, consequential, and incidental, and analyze a hypo where we calculate the damages.
In this episode we discuss:
- Expectation damages overview and formula
- What damages can be claimed as direct, consequential, and incidental?
- Limits on recovery, preventing the amounts from spiraling
- An analysis of a fact pattern with calculation of the damages
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Resources:
- Tutoring Contact Form
- Hadley v. Baxendale
- Podcast Episode 354: Listen and Learn – Expectation and Consequential Damages (Contracts)
- Podcast Episode 497: Listen and Learn – Incidental, Reliance, and Restitution Damages (Contracts)
- Podcast Episode 536: Listen and Learn – UCC Expectation Damages (Contracts)
- Podcast Episode 558: Law Every 1L Should Know – Contract Formation
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