Out of Pocket Damages Worksheet: This worksheet lists any and all out of pocket expenses one party has had, since the commencement of the cause of action. It must be filed with the clerk's office, and a copy sent to opposing counsel. This form is offered in both Word and Rich Text formats.
Arizona Damages For Contract
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Contracts for the Sale of Goods. The damages are measured by the difference between the contract price and the market price when the seller provides the goods, or when the buyer learns of the breach.
Tort claims (and damages) which are permitted by California courts usually include: negligence in the performance of the contract which directly results in personal injury; the use of fraud to induce a party to enter into a contract; or wrongful discharge of the duty in violation of public policy.
The measure of contractual damages is the difference between the true value of the asset and its value with the quality as warranted, whereas the measure of tortious damages is the difference between the true value of the asset and the price paid.
The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.
Damages for breach of contract are, therefore, essentially compensatory, measuring the loss caused by the breach. To put it another way, the damages enquiry involves comparing the position the claimant is in fact in, following the breach, and the position the claimant would have been in but for the breach.
