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Contract law
Formation
Capacity
Offer and acceptance
Meeting of the minds2
Abstraction principle4,5
Posting rule1
Mirror image rule
Invitation to treat
Firm offer
Consideration1,4
Implication-in-fact
Collateral contract
Defences
Misrepresentation
Mistake
Threats and unequal bargaining power
Illegality and public policy
Unconscionability
Culpa in contrahendo2
Force majeure
Frustration of purpose
Impossibility
Impracticability
Hardship
Set-off
Illusory promise1
Statute of frauds1
Non est factum1
Unclean hands1
Accord and satisfaction1
Exculpatory clause
Interpretation
Parol evidence3
Contract of adhesion
Integration clause
Contra proferentem
UNIDROIT Principles
Dispute resolution
Choice of law clause
Forum selection clause
Hague Choice of Court Convention
Arbitration
New York Convention
UNCITRAL Model Law
Mediation
Singapore Mediation Convention
Enforcement of foreign judgments
Hague Judgments Convention
Rights of third parties
Privity of contract1
Assignment
Delegation
Novation
Third-party beneficiary
Breach of contract
Anticipatory repudiation
Cover
Exclusion clause
Efficient breach
Deviation
Fundamental breach
Remedies
Specific performance3
Money damages
Liquidated, stipulated, or penal damages3
Rescission
Quasi-contractual obligations
Promissory estoppel1
Quantum meruit1
Unjust enrichment
Restitution
Negotiorum gestio2
Duties of parties
Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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Expectation damages are damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured party's interest in realising the value of the expectancy that was created by the promise of the other party. Thus, the impact of the breach on the promisee is to be effectively "undone" with the award of expectation damages.[1]
The purpose of expectation damages is to put the non-breaching party in the position it would have occupied had the contract been fulfilled.[2] Expectation damages can be contrasted to reliance damages and restitution damages, which are remedies that address other types of interests of parties involved in enforceable promises.[3]
The default for expectation damages are monetary damages which are subject to limitations or exceptions (see below)
Expectation damages are measured by the diminution in value, coupled with consequential and incidental damages.[4]
^Farnsworth, E. Allan. "CONTRACTS: Cases and Materials" (PDF). Foundation Press. Retrieved 25 April 2021.
^"Damages for Breach of Contract" (PDF). NYU. New York University Law. Retrieved 24 April 2021.
^Farnsworth Contracts sware.ku.edu March 2014
^Orsborn, Justin (1993). "Expectation Damages for Breach of Contract and the Principle of Restitutio In Integrum" (PDF). Aukland University Law Review.
and 25 Related for: Expectation damages information
Expectationdamages are damages recoverable from a breach of contract by the non-breaching party. An award of expectationdamages protects the injured...
associated with a given type of damages. For example, consequential damages are a potential type of expectationdamages that arise in contract law. When...
been had the contract not been entered into. This is different from expectationdamages, where the injured party should be indifferent between the fulfillment...
losses. The amount of damages a plaintiff would recover is usually measured on a "loss of bargain" basis, also known as expectation loss. In a commercial...
substantive legitimate expectation. The payment of damages (monetary compensation) by a public authority is relevant to legitimate expectation in two ways. First...
accurately as possible. They may be expectation damages, reliance damages or restitutionary damages. Expectationdamages are awarded to put the party in as good...
Community planning Community property Comparables Compensatory damages, Expectationdamages Competition Condemnation – building is deemed no longer habitable...
misrepresentation involving damages for economic loss may be awarded under the "benefit-of-the-bargain" rule (damages identical to expectationdamages in contracts)...
preference for expectationdamages for breach of contract, as distinguished from specific performance, reliance damages, or punitive damages. According to...
formulation by Parke B (at 855) on the purpose and measure of compensatory damages for breach of contract that, the rule of the common law is, that where...
with the wrong piping. The primary remedy for breach of contract is expectationdamages, or "benefit of the bargain." At law, this is monetary compensation...
contract consideration. Jacob & Youngs v. Kent (Cardozo, J.): held that expectationdamages arising from a breach of contract are limited to the diminution of...
jurisdictions, the result is a judgment requiring payment of the insured's expectationdamages—the sums that the insurer should have paid under its duty to indemnify...
the bargain and thus breach by either party only gives rise to expectationdamages. Damages awards after commencement of a bankruptcy filing results in claims...
For these purposes, the remedy of damages is normally intended to compensate for the claimant's loss of expectation (alternative rationales include restitution...
means that a claimant's case will generally be easier to prove and expectationdamages may be awarded rather than compensation based on the principle of...
entitle the misrepresentee to a simple breach of contract claim, with "expectationdamages" for loss of potential profits (subject to remoteness and the duty...
transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite...
of breach of contract, the injured party is typically entitled to expectationdamages, restoring them to the position they would be in if the contract...
and the offeror revokes the offer, then the offeror is liable for expectationdamages for revoking the offer before acceptance. In the US, section 87(1)(a)...
Modern Law Review 337 R Taylor, 'Expectation, Reliance and Misrepresentation' (1982) 45 MLR 139 R Hooley, 'Damages and the Misrepresentation Act 1967'...
the CHP to protect and serve the public. It is antithetical to that expectation for the CHP to inflict harm upon us by making the ravaged remains of...
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