Damages

Damages

Compensatory Damages—direct losses.

§ Sale of Goods: difference between contract and market price.

§ Sale of Land: specific performance.

§ Construction Contracts: varies.

Consequential (Special) Damages—foreseeable losses.

§ Breaching party is aware or should be aware, because the injury party additional loss.

Case 17.1: Hadley v. Baxendale (1854).

Punitive Damages—punish or deter future conduct.

§ Generally not available for mere breach of contract.

§ Usually tort (e.g., fraud) is also involved.

Nominal Damages—no financial loss.

§ Defendant is liable but only a technical injury.