Expectation Damages

Damages aim to put the nonbreaching party in the position as if the contract were performed.

Representative cases

• Birkel v. Hassebrook Farm Service, Inc. 363 N.W.2d 148 · Nebraska Supreme Court
• TruGreen Companies, L.L.C. v. Mower Bros., Inc. 2008 UT 81 · Utah Supreme Court
• Century Sur. Co. v. Andrew 432 P.3d 180 · Nevada Supreme Court

Related Remedies rules

• Consequential DamagesDamages are recoverable if foreseeable at the time of contracting.
• Incidental DamagesIncidental damages include reasonable expenses incurred due to breach.
• Mitigation of DamagesNonbreaching parties must take reasonable steps to mitigate damages.
• Restitution DamagesRestitution prevents unjust enrichment by awarding the value of the benefit conferred.
• Reliance DamagesReliance damages compensate for expenditures reasonably made in reliance on the contract.
• Liquidated DamagesLiquidated damages are enforceable if reasonable at formation and not punitive.
• Specific PerformanceSpecific performance is available when monetary damages are inadequate and the terms are sufficiently definite.
• Replevin (UCC)Buyers may recover identified goods wrongfully withheld if unable to cover.

Part of Contracts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.