CHAPTER 7

Damages

Damages for Breach of Contract

Where one party to a contract has not performed as required, this nonperformance may render that party liable for damages. The nature and extent of the detriment suffered by the other party and the culpability of the nonperforming party can determine the availability of damages in the case of nonperformance or defective performance.1 Moreover, the nonperforming party may have excuses for their nonperformance that release them from liability.2 In the common law system, courts have at their disposal generally three theories under which damages can be awarded to compensate: expectation loss, reliance loss, and restitution loss. Punitive damages are also available on a limited basis. In the civilian ...

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