LAW 122 Lecture Notes - Lecture 12: Contractual Term, Clean Hands, Fundamental Breach
18 Dec 2017
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2 types: damages, expectations damages: will always be demanded if you"ve entered a good bargain/deal, but if it was a bad bargain (aka you would"ve made a loss or overpaid) then expectation damages aren"t appropriate. You get value of performance at time of agreement, not performance a. i. Issues in expectation damages being sought: a. i. 1. difficulty of calculation a. i. 1. a. P encouraged to reduce losses and take reasonable steps, and is entitles to expenses incurred in mitigation. Prisoner in jail for life writes a book about what they did, then profits from that book will not be given to that prisoner, the individual shouldn"t have profited the way they did. Those funds will be put elsewhere: nominal: a token award, small item to show fault (1$ to vindicate my actions) d. i. Risk management: avoid suing for nominal, may result in cost award, judges don"t like to waste time on trivial matters. e. d. ii.
