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Flashcards in Damages Deck (6):
1

What needs to be foreseeable?

The type of loss. Not how the loss happened.

2

What is the rule for foreseeability?

Damages from breach of contract should only be those that are reasonable and fairly considered at the time the contract was made if no special circumstances are clearly communicated

3

Who must have foreseen the loss?

The breaching party?

4

What standard is used for foreseeability?

An objective one, in part.

5

What are nonrecoverable damages?

Attorney fees, punitive damages, emotional distress.

6

What is the "American rule"

Does not allow for recovery of attorney fee. Winner must bear costs of own litigation