Reference no: EM133811159

Question

Condense this To establish damages in a breach of contract case, a plaintiff must demonstrate the fact of damages, whether past or future. This includes a duty to mitigate by making reasonable efforts to limit the damages, ensuring damages are reasonably certain and ascertainable, and establishing foreseeability and causation-meaning the damages were foreseeable in advance, traceable to the breach, and unimpeded by intervening causes. Remedies include money damages, specifically expectation damages, which are calculated as losses minus avoided losses. Losses encompass the loss of contract value, incidental costs from mitigation, and consequential damages like lost profits or repair costs; avoided losses include costs and mitigated losses. Under the Uniform Commercial Code (UCC), different provisions apply for seller and buyer expectation damages. UCC 2-709 allows sellers to recover the full price of custom goods. UCC 2-708 entitles sellers to the difference between market and contract price, plus incidental damages and lost profits, minus expenses and credits. UCC 2-713 grants buyers the difference between market and contract price, plus incidental and consequential damages, minus expenses and credits. If expectation damages are too difficult to prove, restitution may be sought, and promissory estoppel may apply where a promisee relies detrimentally on a promise. Moreover, when a party is in breach, they may seek an offset for benefits already conferred.