Saprai, P;
(2010)
'Measuring Expectation Damages'.
In-Pactum
, 6
pp. 184-192.
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Abstract
This short article sets out the nature and role of expectations damages in contract law. I show that there are different measures of expectation damages, in particular ‘diminution in value’ and ‘cost of cure’ and that choosing between these measures is in cases of defective performance a difficult task. I demonstrate this by considering two leading cases on the award of expectation damages in defectively performed building contracts, the first is from the US: Jacobs & Young v Kent, and the second from the UK: Ruxley Electronics and Construction Ltd v Forsyth. I argue that these cases explain in a principled manner why in cases where the breach of contract is minor cost of cure is an inappropriate measure of expectation damages.
| Type: | Article |
|---|---|
| Title: | 'Measuring Expectation Damages' |
| Location: | Brazil |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | http://www.unicap.br/revistas/inpactum/ |
| Language: | English |
| Additional information: | This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions. |
| Keywords: | Expectation damages. Defective performance. Diminution of value. Cost of Cure. Loss of amanity |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10176739 |
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