Contract Law: An Evaluation of Damages for Breach of Contract

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Added on  2023/06/06

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This report examines the legal principles of contract law and the role of damages in cases of breach. It explores different types of damages, with a particular focus on expectation damages, and how they are calculated. The report looks at the application of these principles, examining the relevant legal cases and the impact on businesses and individuals. This assignment is designed to analyze the significance of damages for breach of contract and the legal framework that governs these situations. The report also considers the implications of contract law and how damages are determined in cases of breach and provides an in-depth analysis of the topic.
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CONTRACT LAW
EXPECTATION DAMAGES
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INTRODUCTION
The broad area of research which has
been selected for the purpose of this
paper is the LAW OF CONTRACT.
The Topic
SHOULD THE COURTS AWARD
EXPECTATION DAMAGES FOR THE
BREACH OF CONTRACT IN RELATION TO
THE PRINCIPLES OF DAMAGES IN
CONTRACT LAW, WHY OR WHY NOT.”
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WHY IS THIS RESEARCH
SIGNIFICANT
Where there is a loss of profit in relation
to a breach of contract there may be
claims made by the aggrieved party
with respect to expectation damages
This is an area of law which has not
been widely explored.
What rules would the judges follow in
case of expectation damages have
always been an issue.
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WHY IS IT IMPORTANT?
Three measures of damages are used by
contract law
The expectation measure, reliance
measure and restitution measure
Expectation measure have been ranked
last
It is therefore important to analyze this
approach of the courts and how it has
an impact on the business society where
numerous contracts are made and
breached daily.
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IMPACT ON LAW/SOCIETY
What impact could it have on
law/society
It may provide adequate guidelines to
parties who contractual rights have
been breached
The research would help contractual
parties to negotiate contracts in an
efficient way
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OTHER GUIDELINES FOR
MAIN QUESTION
The way in which expectation damages
are currently measured by the court
The generally use formula by the courts
The issues faced by the courts in
determining expectation damages
The principles which are currently in
used in relation to expectation damages
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REFERENCES
References
Cases
Addis v Gramophone Co Ltd [1909] AC 488
Robinson v Harman (1848) 1 Ex Rep 850
Journal Articles
Chillemi, Ottorino, and Claudio Mezzetti. "Optimal procurement
mechanisms: bidding on price and damages for breach." Economic
Theory 55.2 (2014): 335-355.
Golden, John M. "Reasonable Certainty in Contract and Patent
Damages." (2017).
Göller, Daniel. "Expectation damages and bilateral cooperative
investments." American Law and Economics Review 16.2 (2014):
473-498.
Gordley, James. "The Just Price: The Aristotelian Tradition and John
Rawls." European Review of Contract Law 11.3 (2015): 197-219.
Schweizer, Urs. "Efficient incentives from obligation law and the
compensation principle." International Review of Law and Economics
45 (2016): 54-62.
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