BLAW 2301 Lecture Notes - Lecture 23: Punitive Damages, Estoppel, Damages
Document Summary
Breach of duty is the failure to perform a duty without a valid excuse. What position would you have been if the other party did what they were supposed to do. Resulting from the unique circumstances of this injured party. Only available if they are a foreseeable consequence fo the breach. In seeking lost profits, courts will award if. Plaintiff provides enough information so that the factfinder can reasonably estimate a fair amount. Punitive damages are rarely awarded, for punishing the defendant for their conduct. Paying the difference of the contract and new price. What did it cost me due to the reliance on the agreement. Put you back in the position before the breach occurred. Return to an injured party the benefit that otherwise would be unfair to keep. There is no substitute for the item in agreement. The only way to be compensated is if the item is unique.
