Law School Discussion

Contracts Question...

Contracts Question...
« on: September 01, 2007, 07:48:30 AM »
My Professor was talking about the differences between restitution, reliance, and expectation, but I really don't understand all of it, and I don't think anybody else in class did either.  Can someone give me just a basic explanation of each one, or are they too complex to do that? thanks

Re: Contracts Question...
« Reply #1 on: September 01, 2007, 09:21:52 AM »
Very quickly....

Expectation puts you in the position you would be had the deal gone through, you get whatever your profit would have been

Reliance is out-of-pocket expenses that you incurred in reliance on the performance of the contract, travel, materials, etc.

Restitution puts you back in the position that you were before the contract.

Sorry I couldn't expand, but hopefully that will help a little.  Check some commercials supplements.


Re: Contracts Question...
« Reply #2 on: September 01, 2007, 08:30:58 PM »
1.   expectation (the usual measure of recovery) put the plaintiff in the position as if the contract had been performed

2.   reliance - put a person back into the same position as if they were before the contract was made. to compensate a person for the detriments he suffered in reliance upon the agreement. Sullivan v. O'Connor, 296 N.E 2d 183 (Mass. 1973).  This may alleviate some of the injustice resulting from the unenforceability of some promises unsupported by consideration. reliance will not include expectation damages such as future wages in an at will employment case but may include recovery of preperation and moving expenses in the same at will employment case.

3.   restitution restoration of the benefit conferred on the defendant.  General recovery to prevent unjust enrichment.