Asked by Antonio Camacho on May 07, 2024

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Describe compensatory, incidental, consequential, and liquidated damages for breach of contract.

Compensatory Damages

Monetary awards given to individuals in civil lawsuits to compensate for losses, harm, or injuries caused by others' actions.

Breach of Contract

The failure to perform any term of a contract, written or oral, without a legitimate legal excuse.

  • Explain the various types of damages that can be awarded for breach of contract and the principles behind them.
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Kenzie ScottMay 12, 2024
Final Answer :
A breach of contract entitles the nonbreaching party to sue for money damages. Damages designed to compensate a party for the loss of the bargain include the following:
• Compensatory damages -These are damages compensating the nonbreaching party for the loss of the bargain. These damages compensate the injured party only for damages actually sustained and proved to have arisen directly from the loss of the bargain caused by the breach of contract. They simply replace what was lost because of the breach. The amount of compensatory damages is the difference between the value of the breaching party's promised
performance and the value of his or her actual performance. This amount is reduced by any
loss that the injured party has avoided.
• Incidental damages-These are expenses resulting directly from the breach of contract, such as those incurred to obtain performance from another source.
• Consequential damages-Also called special damages, these are a type of compensatory damages. Consequential damages are caused by special circumstances beyond the contract itself. They flow from the consequences, or results, of a breach.
For consequential damages to be awarded, the breaching party must have known (or have had reason to know) that special circumstances would cause the nonbreaching party to suffer an additional loss.