Determining the monetary amount necessary to place the injured party in as good a position as they would have been had the contract been fully performed is a central concern in contract law. This process often involves assessing the value of the promised performance, subtracting any costs the injured party avoided due to the breach, and adding any incidental or consequential damages incurred as a result of the breach. For instance, a construction company contracts to build a building for $1 million. The owner breaches, preventing the construction company from performing. The construction company’s expected profit was $100,000. Therefore, they are entitled to recover $100,000 as compensation for the loss of the opportunity to earn that profit.
The significance of arriving at a fair and accurate valuation stems from the fundamental principle of contract law: to provide remedies that compensate the aggrieved party, not punish the breaching party. The application of this calculation serves to uphold the sanctity of contractual agreements, fostering confidence in commercial transactions and promoting economic stability. Historically, the development of this principle reflects a shift from punitive damages to compensatory measures, aligning legal remedies with the goal of restoring the injured party’s economic position. This approach encourages efficient breach, where a party may breach a contract if doing so is economically beneficial, provided they compensate the other party for their losses.
