Garland said should just be diminished value: what the land would have been worth restored minus what the land is worth now (very small). Peevyhouse wanted cost of completion: pay to restore the land (a lot). All was carried out except the restorative work. Peevyhouse allowed Garland to mine coal on their property signing a standard lease, but adding in provisions that certain restorative and remedial work had to be completed at the end of the lease period. Based on actual value, not PE's hopes, so based on circumstances at time for performance, not time of making Kġ. Can't recover for loss he could have avoided by arranging a separate transaction on the market, so often end up only able to recover market price. Note b: in principle the expectation interest is what the contract is worth to the PE, not to a reasonable third party, so takes account of special circumstances however, in practice may not get these special circumstances - hard to show w/sufficient certainty. Restitution can be the same size as expectation or reliance, but is generally smaller bc doesn't include lost profit or reliance that didn't benefit the other party.ģ. Court may recognize third instance and grant relief to prevent unjust enrichment (when a party has changed his position in reliance and has conferred a benefit on the other party other party must return the amount of the benefit received).
However, PE may have changed his position in reliance on the K (incurring expenses in preparation to perform, foregoing other opportunities, etc) may then get reliance interest (can be equal to expectation but normally is less, bc doesn't include lost profit). Note a: Usually when court concludes breach of K, court gives expectation - giving the injured party the benefit of the bargain. Judicial remedies under the rules stated in this Restatement serve to protect one or more of the following interests of a promisee:Ī) his "expectation interest" which is his interest in having the benefit of his bargain by being put in as good a position as he would have been in had the contract been performedī) his "reliance interest" which is his interest in being reimbursed for loss caused by reliance on the contract by being put in as good a position as he would have been in had the contract not been made, orĬ) his "restitution interest" which is his interest in having restored to him any benefit that he has conferred on the other partyĢ.
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