Contracts Case Briefs + Notes for Midterm #1: Wed, Feb 14, 2018 Remedies p 791


Damages: the protected interests p822-834



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Cans - mitch sem2
Damages: the protected interests p822-834

Expectation Interest 803-04
The Expectation Interest→ the innocent party should be in the position that he/she would have been had it not been breached. Their bargained should have been enforced.

Fuller’s argument in support of awarding the expectancy damages:

Major premise: Contract remedies should promote market activity

Minor premise: Protecting the reliance interest of non-breaching parties promotes market activity

Minor premise: Awarding the expectation measure of damages will protect the reliance interest

Conclusion: Therefore courts should award the expectation measure of damages


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