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Legal Remedies for Breach of Contract: Expectation Damages, Mitigation, and Restitution

Understand the legal implications of breach of contract, including expectation damages, mitigation strategies, and restitution. Learn about total damages, reliance expenses, avoidance, and other key concepts in contract law.

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Legal Remedies for Breach of Contract: Expectation Damages, Mitigation, and Restitution

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  1. Expectation /Mitigation Cost of Completion Proof problems (but money damages adequate) Money damages inadequate (perhaps the result of proof problems) Reliance Return items equitable? Specific Performance Substantial breach requirement Restitution Recission

  2. Expectation damages Total damages Breach Avoidable by proper mitigation

  3. Expectation damages Total damages Breach Avoidable by proper mitigation Reasonably foreseeable

  4. Expectation damages Provable damages Total damages Breach Avoidable by proper mitigation Reasonably foreseeable

  5. Reliance damages Contract formed Time for non-breacher performance Breach Reliance expenses Non-breacher losses that would have occurred had the contract been performed Expectation damages

  6. Restitution in the contractual setting Substantial Breach Contract formed Actual benefit conferred on defendant that it would be unjust to let defendant retain Reasonable value of the benefit conferred Actual damages

  7. US. v. Algernon Blair Substantial Breach (failure to pay for crane use Contract formed Is there a benefit conferred on defendant that it would be unjust to let defendant retain? What is the reasonable value of the benefit conferred? Costal would have lost $37,000

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