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'Measuring Expectation Damages'

Saprai, P; (2010) 'Measuring Expectation Damages'. In-Pactum , 6 pp. 184-192. Green open access

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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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