This chapter surveys remedies other than ordinary expectation damages, including reliance, restitution, and specific performance. The elegiac setting of The Grey Havens helps frame why some injuries call for a remedy measured not by a bargain’s value alone, but by fairness or uniqueness.
Doctrinal map
Where expectation is unworkable, three alternatives appear. Reliance damages (R2d § 349) — out-of-pocket costs incurred in reliance, minus losses that would have been incurred had the contract been performed. Restitution (R2d §§ 370, 373) — the value of the benefit conferred on the breaching party. Specific performance (R2d § 359; UCC § 2-716) — equitable enforcement, available where damages are inadequate (unique goods, real estate, irreparable harm).
Key Sources
Key Rules
- R2d § 359: Specific performance when damages are inadequate
- R2d § 370: Restitution as alternative to expectation
- R2d § 349: Reliance interest as alternative measure