B LAW301 Lecture Notes - Lecture 12: Sun Life Financial, Expectation Damages, Personal Services
Document Summary
Definition: an award of money that is intended to cure a wrongful event. Except in rare cases, the plaintiff is not entitled to receive the exact thing that they expected to get under the agreement. They are only entitled to the monetary value of that thing. Definition: monetary value of the benefit that the plaintiff expected to receive under the contract. Forward-looking: plaintiff monetarily placed in the position that they expected be in after the contract was properly performed. Calculation of expectation damages = expected benefits expected costs: calculated at time of performance, unknown value; agreed price. Awarded even if the calculation is imprecise. If the calculation of the plaintiff(cid:3244)s loss is not merely difficult, but entirely speculative, a court will not award damages. Difficulty identifying whether the plaintiff expected to receive a service or the value or end product of that service. Cost of cure damages = cost of service.