Expectation /Mitigation Cost of Completion Proof problems (but money damages adequate) Money damages inadequate (perhaps the result of proof problems) Specific PerformanceRelianceReturn items equitable? Substantial breach requirement RestitutionRecission

Breach Total damages Avoidable by proper mitigation Expectation damages

Breach Total damages Avoidable by proper mitigation Expectation damages Reasonably foreseeable

Breach Total damages Avoidable by proper mitigation Reasonably foreseeable Provable damages Expectation damages

Contract formed Breach Time for non- breacher performance Reliance expenses Non-breacher losses that would have occurred had the contract been performed Expectation damages Reliance damages

Restitution in the contractual setting Substantial Breach Actual damages Actual benefit conferred on defendant that it would be unjust to let defendant retain Reasonable value of the benefit conferred Contract formed

US. v. Algernon Blair Substantial Breach (failure to pay for crane use Costal would have lost $37,000 Is there a benefit conferred on defendant that it would be unjust to let defendant retain? What is the reasonable value of the benefit conferred? Contract formed