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The purpose of expectation damages is to put the non-breaching party in the position it would have occupied had the contract been fulfilled. [2] Expectation damages can be contrasted to reliance damages and restitution damages, which are remedies that address other types of interests of parties involved in enforceable promises. [3]
Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation. [1] If the injured party could go back in time, they should be indifferent to entering into the contract that would be breached and receiving the reliance damages as opposed to ...
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
The theory of efficient breach seeks to explain the common law's preference for expectation damages for breach of contract, as distinguished from specific performance, reliance damages, or punitive damages. According to Black's Law Dictionary, efficient breach theory is "the view that a party should be allowed to breach a contract and pay ...
Damages in tort are awarded generally to place the claimant in the position in which he would have been had the tort not taken place. [16] Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages.
United States Naval Institute v. Charter Communications, Inc., 936 F.2d 692 (Second Cir. 1991) is a case discussing the extent and nature of contract damages. Damages for breach of contract are generally to provide damages for the injured party's loss; an injured party is not awarded damages based on the breaching party's gain. Snepp v.
The type of claim giving rise to the damages, such as whether it is a breach of contract action or tort claim, can affect the rules or calculations associated with a given type of damages. [3] For example, consequential damages are a potential type of expectation damages that arise in contract law.
R Taylor, 'Expectation, Reliance and Misrepresentation' (1982) 45 MLR 139; R Hooley, 'Damages and the Misrepresentation Act 1967' (1991) 107 LQR 547, [89] I Brown and A Chandler, 'Deceit, Damages and the Misrepresentation Act 1967, s 2(1)' [1992] LMCLQ 40; H Beale, ‘Damages in Lieu of Rescission for Misrepresentation’ (1995) 111 LQR 60