Most contract breach cases
award expectation damages. However,
there seem to be a few cases where reliance damages are favored. Why don’t we usually go with reliance?
Sharp, Promissory
Liability (pt. 1)
7 U.Chi.L.Rev. 1, 20-21
(1939)
Sharp argues that reliance is
a lot harder to prove than expectation, and so if you want to ensure good contracts
from a policy standpoint it’s more practical to use expectation.
Sharp also argues that when
we don’t get what we’re promised, our feelings are hurt. Sharp says there is an interest in protecting
against the stress of broken promises that is best enforced with expectation
damages.
Finally, Sharp notes that a
modern economy based on credit needs remedies based on expectation because of
the risk and uncertainty involved in changing markets.
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