LAW 122 Chapter Notes - Chapter 12: Clean Hands, 18 Months, Specific Performance
27 Feb 2018
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Restitution for unjust enrichment in certain circumstances. Except in some cases the plaintiff is not entitled to receive the exact thing that they expected to get under the agreement. Entitled only to the monetary value of that thing. Expectation damages: represent the monetary value of the benefit that they plaintiff is expected to receive under the contract. Does not receive performance but instead value of performance. Plaintiff monetarily placed as if contract performed. Calculation of expected damages: expected benefits minus expected costs. (cid:862)(cid:272)osts of (cid:272)ure(cid:863) or (cid:862)loss of (cid:448)alue(cid:863) E. g. damages for lost chance in beauty contest. Not awarded if calculation is totally speculative. E. g. value of treasure in supposedly sunken ship. ,000: value added to land if restoration occurs. Cost of cure damages: cost of service. Awarded if reason is legitimate for wanting restoration. Loss of value damages: value of end product. If unreasonable discrepancy between cost and value.
