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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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Formulas for Measuring Expectation Damages for Breach of a Contract to Provide Services

Formulas for Measuring Expectation Damages for Breach of a Contract to Provide Services

Chapter:
(p.201) Fifteen Formulas for Measuring Expectation Damages for Breach of a Contract to Provide Services
Source:
Foundational Principles of Contract Law
Author(s):

Melvin A. Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/oso/9780199731404.003.0015

Chapter 15 concerns formulas for measuring expectation damages for contracts to provide services, including breaches by both service-purchasers and service-providers. In case of breach by service-purchasers one formula is based on the service-provider’s lost profit. Under an alternative formula the service-provider is entitled to the contract price minus the out-of-pocket costs remaining to be incurred by the service-provider at the time of breach. Although these two expressions look very different they are algebraically equivalent and yield the same amount of damages. In case of breach by the service-provider the core formulas for measuring damage to the service-purchaser involve either cost-of-completion or diminished-value damages.

Keywords:   service-provider contracts, lost-profit damages, out-of-pocket costs, cost of completion, diminished value

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