TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P21

Gale Encyclopedia of American Law Volume 3 P21 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 188 CONTRACTS would be necessary to recompense the injured party for the amount of losses incurred through breach of contract. The injured party should be placed in the position that he or she would have occupied if the contract had been performed and they are entitled to receive the benefit of the bargain the net gain that would have accrued to them under the contract. The injured party is not however to be put in a better position than he or she would have occupied had performance taken place. Damages for anticipatory repudiation are ordinarily assessed as of the scheduled performance dates that are fixed by the breached contract. The measure of damages for the breach of an installment contract is determined at the time each installment is due. When the parties have included a liquidated DAMAGES clause in a contract it generally will be enforced. Such clause is a prior agreement by the parties as to the measure of damages upon breach. Additional damages may not be claimed. Partial Performance When the defendant has failed to complete performance of an agreement according to its terms the plaintiff may recover such damages as will compensate him or her to the same extent as though the contract had been completely performed. The customary measure of damages is the reasonable expense of completion. Completion refers to a fulfillment of the same work if possible which does not involve unreasonable economic waste. The injured party is not automatically entitled to recover the difference between the contract price and the amount it would cost to have the work completed when a contract is breached after partial performance he or she will be entitled to recover that amount only if completion is actually accomplished at a greater cost. A provision in a building contract that allows the owner in the event of a default by the contractor to complete the job and to deduct the expenses from the contract price does not preclude the owner s recovering damages also where the .

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