Section 18.10 Breach of Contract
| Library | Tort Law 2016 |
2. (§18.10) Breach of Contract
Breach of contract is a separate common law theory of recovery for property damage. The goal of compensation in breach-of-contract cases is to place the injured party in the position he would have been in had the contract been fulfilled. CHARLES T. MCCORMICK, DAMAGES § 137, p. 561 (1935). The cost-of-repair standard is favored in contract cases. McLane v. Wal-Mart Stores, Inc., 10 S.W.3d 602, 605 (Mo. App. E.D. 2000).
Certainty of damages in a breach-of-contract case "means...
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