Month: December 2020

Generally, the cost expectancy measure of damages allows an injured party to recover damages equal to the cost of obtaining reasonable substitute performance.  The cost expectancy measure will usually be permitted only if it yields an amount less than the market value measure.[1] There are essentially two general situations where the cost expectancy measure is…

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Liquidated damages enforces a remedy to which the parties agreed in the contract, provided that the agreed remedy is not unduly harsh to the defendant and does not fail to provide the plaintiff a meaningful remedy.[1]  The terms of a valid liquidated damages clause supersede any default award of expectation/compensatory damages. “Liquidated damages have been…

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