Quote:
Originally Posted by Peter_Spaeth
Ted it's too general a question. There are different types of contractual damages depending on lots of facts and circumstances including contract language, but yes, there are some where the measure of damages would include an "expectancy" -- in other words, the breaching party would have to not only make the innocent party whole but put them where they would have been had there been no breach which could include changed market conditions. Other situations might involve simply restitution, that is, restoring the amounts paid by the innocent party and returning them to where they were before the contract.
Here, though, the guarantee should control.
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Thanks Peter, I can see the position now. I just couldn't see a world where "damages" would exceed the price paid for the card! Clearly market value has increased dramatically on this particular card.