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13 Cards in this Set

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What is the definition of "Expectation Interest"?
"Gains Prevented" & "Compensatory"

Putting the injured party in the same place he would have been had the contract been fully performed.
Contract MD Services
Usually results in expectancy damages

= lost wages + expected value
If expectation damages can't be determined in a contract MD Services contract what damages are used?
Reliance Damages
Case Description:

Hawkins v. McGee
Doctor messed up hand graft and left hand virtually unusable and unfixable. Awarded expectancy damages b/c cannot determine hwo much to fix hand.
Case Description:

Sullivan v. O'Conner
Botched nose job case. Awarded reliance damages b/c could not determine the future worth of the nose.
Contract for Construction Services
• When the ratio between the contract amount and the cost of completion is considerable, the damage will be determined by the cost of completion, with exception to economic waste - if not a large ratio, use contract amount
Case Description:

Groves v. John Wunder
Regarding striped mind land was only 30% of contract price - Court awarded value of the difference in land as if land had been properly fixed. HELD - awarded cost to fix the land.
Case Description:

Peevyhouse
Farm only worth $300 less because of stripmining, cost of remedy of 29K
Ratio between cost of completion was insignificant, therefore applied dimnuition of land value
Fungible Goods
Market price at date and delivery minus contract price
Case Description:

ACME Mills v. Johnson
actual replacement costs which would left ACME in better position (Market price at date and delivery minus contract price)
Case Description:

Illinios Central RR v. Crail
wholesale contract uses wholesale value – not the retail value b/c that would reward the injured
Case Description:

Watt v. Nevada RR
cost of regrowth of hay that was destroyed, not cost of repurchase
Economic Waste
No cost of completion issued where there is economic waste; ie - destruction of what has been done; use difference in value instead