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Remedies Which Are Available to Me in This Situation, Including Punitive Damages  Form

Remedies Which Are Available to Me in This Situation, Including Punitive Damages Form

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punitive damages liquidated damages and penalties as we have discussed courts prefer to award money damages in expectation whenever possible expectation money damages are calculated by loss and value plus other loss which includes consequential and incidental loss minus loss avoided pursuant to the duty to mitigate damages and limited by speculation and foreseeability specifically in our conversation about efficient breach we discuss why it is bad for society when courts punish parties for breaching an agreement sometimes society is better off when a party breaches because then the property in question can be transferred or can be retained by a party who values it more so long as the injured party is made whole by our measure of damages gets the benefit of the bargain that they struck gets what they expected this generally produces an efficient outcome ingly courts do not generally award punitive damages for breach of contract the second restatement of contract section 355 says punitiv

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