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(p. 491) 13. Damages 

(p. 491) 13. Damages
Chapter:
(p. 491) 13. Damages
Author(s):

Mindy Chen-Wishart

DOI:
10.1093/he/9780198806356.003.0013
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date: 27 February 2020

Most contractual disputes are settled out of court to avoid the significant time, money, general aggravation, and uncertainties inherent in litigation. Where the parties have not agreed on the consequences of breach or any agreed remedies are unenforceable, the law supplies default rules to determine the available remedies. This chapter addresses the following questions: (1) What types of loss are recognised and so compensable for breach of contract? (2) How is loss calculated? (3) When and why might contract law allow departures from the expectation measure and allow awards based on reliance, restitution, account of profits, or loss of opportunity to bargain? (4) In consumer contracts, when might the consumer have the right to a price reduction?

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