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3 Comments on "The Search For Equitable Remedies For Breach of Contract"

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Richard Ellis
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Expert analysis, and well written.

Rayan
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Equitable remedies are awarded subject to the court’s discretion and used when damages are an inadequate remedy. Therefore, it is vital for parties to address the inadequacy of damages by understanding the mechanism for damages calculation and, ultimately, incorporating into their contracts. Under §344 of the Restatement (Second) of Contracts (‘Purposes of Remedies’), damages shall be calculated as per the below mechanisms: Expectation interest The court will calculate monetary damages to put the Plaintiff in a position as if the contract was fully performed. For example, the Plaintiff provided a service to the defaulting Defendant worth $100,000, expectation damages would… Read more »
Chris Fry
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Very well written and very informative. I would have to agree that the emphasis should be on appropriate remedies

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