Expectation damages


Contract law
Part of the common law series
Contract formation
Offer and acceptance · Mailbox rule Mirror image rule · Invitation to treat Firm offer · Consideration
Defenses against formation
Lack of capacity Duress · Undue influence Illusory promise · Statute of frauds Non est factum
Contract interpretation
Parol evidence rule Contract of adhesion Integration clause Contra proferentem
Excuses for non-performance
Mistake · Misrepresentation Frustration of purpose · Impossibility Impracticability · Illegality Unclean hands · Unconscionability Accord and satisfaction
Rights of third parties
Privity of contract Assignment · Delegation Novation · Third party beneficiary
Breach of contract
Anticipatory repudiation · Cover Exclusion clause · Efficient breach Fundamental breach
Remedies
Specific performance Liquidated damages Penal damages · Rescission
Quasi-contractual obligations
Promissory estoppel Quantum meruit
Subsets
Conflict of law · Commercial law
Other common law areas
Tort law · Property law Wills, trusts and estates Criminal law · Evidence
v • d • e

Expectation damages are a form of damages available as a recourse to a breached contract. When a contracting party fails to fulfill their contractual duties, which causes losses to the other party, the party in breach can be liable for the losses of the other party. Losses that relate to the consequences of breach are expectation damages, because the purpose of this type of remedy is to put the plaintiff in the position he would have been in had the contract been fulfilled. This head of damage would include loss of future (net) profits.

Expectation damages

See also