• 2005 - Measure of Damages (Contracts in General)
  • C-74.00
    • Contracts
    • Damages
    • Damages
  • The measure of damages for breach of contract is the amount which will compensate for all the damage proximately caused by the breach or which, in the ordinary course of things, would be likely to result from the breach. Damages must be limited to those damages the parties entering into the contact actually anticipated or which were so probable and natural the damages would reasonably have been anticipated. No damages can be recovered for a breach of contract if the damages are not clearly ascertainable in both their nature and origin. Damages must be reasonable and may not be more than the amount that would have been gained by the full performance of the contract. [The detriment caused by the breach of an obligation to pay money is deemed to be only the amount due by the terms of the obligation with interest.]
    • 32-03-09
    • 32-03-36
    • Leingang v. City of Mandan Weed Bd., 468 NW2d 397, 398 (ND 1991)
    • Leingang v. City of Mandan Weed Board, 468 NW2d 39
    • Swain v. Harvest States Coop., 469 NW2d 571, 573 (ND 1991)
    • Vallejo v. Jamestown College, 244 NW2d 753, 759 (ND 1976)
    • Wachter v. Gratech Co., Ltd., 2000 ND 62, 608 NW2d 279
  • Notes: