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Contracts in the NEC3 family use the term 'low service damages' (optional clause X.17) and generally include a Low Service Damages Schedule. [10] Contracts under common law require there to have been some attempt to create an equal or reasonably proportionate quota between the damages made and the actual loss.
Thus, expectation damages were established under one of the guiding common law principles in awarding damages restitutio in integrum (restoration to original condition). [4] After this case expectation damages as a form of compensatory damages became the norm in apportioning damages in breach of contract cases. [7] [8]
However, the courts have interpreted BGB provisions imposing liability for harms caused by actions contrary to public policy or statute to allow for pure economic loss damages. [25] Contractual liability for pure economic loss is recognized in German law. As a result, German courts have often turned to a contract theory to impose liability. [26]
For example, compensatory damages may be awarded as the result of a negligence claim under tort law. Expectation damages are used in contract law to put an injured party in the position it would have occupied but for the breach. [7] Compensatory damages can be classified as special damages and general damages. [8]
For example, consequential damages are a potential type of expectation damages that arise in contract law. When a contract is breached, the recognized remedy for an owner is recovery of damages that result directly from the breach (also known as "compensatory damages"). Damages may include the cost to repair or complete the work in accordance ...
Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative.
Here contractual remedies cannot be enforced by a court on a defendant if it is manifest that the subject matter of the contract is either directly or by implication, contrary to public policy or in contradiction with any existing law or custom. A somewhat related concept in the law of contracts is the equitable defense of unclean hands.
When used in the context of contracts, "loss" is the equivalent of damages at common law. The measure of such damages can be complex, but the starting position is to put the injured party in the same position (so far as money can accomplish) as if the contract had been correctly performed [1] For example, a book on "Building Contract Claims ...