Remedies
1. Expectation interest: put the promisee in the position he would have been if the contract have been performed. General damages plus consequential damages (Hadley v. Baxendale – 1854).
General (compensatory) damages: generally cost of cover less contractual price.
Sometimes: cost of what was promised less value of what was delivered (Hawkins vs. Mc Gee – 1929).
2. Punitive damages:
Equitable remedies
When money damages are not adequate
Specific performance is not available for the promise to perform a personal service.
Injunction: if a threatened breach is likely to cause irreparable injury.
Madison Square Garden Corp. v. Canera (page 546)
Mitigation of damages: the rule of the avoidable consequences.
MacLaine Parker v. 20th Century Fox(page 548)
Nominal damages: symbolic damages
Certainly of damages: Only damages are recoverable, which can be proved with reasonable certainty, they may not be entirely speculative.
Liquidated damages
The parties agree in advance on the amount of damages in case of a breach. The agreed amount may not be unreasonable (“The common law abhors a penalty”). It will also not be enforced if it is called “a penalty”.
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