Even then, the measure of damages would have to reflect actual damages. Under ordinary contracts, damages for breach of contract do not include the indirect costs resulting to the non-breaching party. Therefore, a party who orders a new freezer may not sue for the cost of spoiled meat if the breach of agreement to provide the refrigerator on the specified date caused the buyer to lose perishable food that he ordered for delivery that same day, hoping to store it in the new refrigerator.
However, parties may also specify the nature of specific damages that will be caused by a breach, and where those terms are part of the contract, the breach will entitle the non-breaching party to those specific damages that were included as material terms of the contract. In order for breach of contract to give rise to consequential damages, they must be detailed in the contract and both parties must agree to those terms.
Opinion:
The plaintiff in this case actually sued for $400,000 in damages, accusing the florist of a "bait and switch scheme" in addition to "unjust enrichment" by charging for very expensive flowers but providing only cheap flowers of a much lesser quality, which had a "... significant impact on the look of the room and was entirely inconsistent with the vision the plaintiffs had bargained for" (NYT, 2007).
According to contract law, the plaintiff will probably not be entitled to any damages of the nature described. If the case goes to trial and the evidence shows that the florist did not fulfill the contract properly, the measure of damages will be only the difference between what the value of the flowers...
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Wall Street Journal Online. The Wall Street Journal Online has over 646,000 paying subscribers. It features updated, in-depth coverage and analysis of business news drawn from more than 1,600 journalists working for the Wall Street Journal and Dow Jones Newswires around the globe. The Online Journal has enhanced the business of Wall Street Journal and Dow Jones Newswire. THE WALL STREET JOURNAL ONLINE The Wall Street Journal has over 646,000 paying
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