Expectation Damages

From the Latin expectation (Latin: "to await").

In one sentence

Money awarded to put a party in the position they would have been in if the contract had been fully performed.

Plain English

Expectation damages measure what you expected to gain from the contract if it had been performed correctly. If you bought a car for $20,000 and it was supposed to be worth $25,000, but the seller breached and you never got it, your expectation damages would be the $5,000 profit you lost. This type of damages focuses on your lost benefit of the bargain—what you reasonably expected to get out of the deal. It's the most common measure of damages in contract cases.

Ad slot

Example

You contract to buy a rental property that would generate $10,000 in annual rent, but the seller backs out. Your expectation damages would include the lost rental income you would have earned.

Used in a sentence

The court calculated expectation damages by determining what profit the buyer would have made if the seller had delivered the goods as promised.

Related terms

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.