Damages are given as compensation for the injury sustained as a result of the breach of a contract.
(Orig. Code 1863, § 2881; Code 1868, § 2889; Code 1873, § 2940; Code 1882, § 2940; Civil Code 1895, § 3794; Civil Code 1910, § 4390; Code 1933, § 20-1402.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 22 Am. Jur. 2d, Damages, § 178.
C.J.S.- 17A C.J.S., Contracts, §§ 439, 459, 506, 546, 548, 549.
ALR.
- Power of equity to grant damages on enjoining breach of contract by seller of business not to engage in competing business, 31 A.L.R. 1174.
Loss of profits as damages for breach of contract in relation to advertising, 41 A.L.R. 198.
Valuation clause in carrier's contract as limit, or as ratio, of recovery in case of partial loss, 41 A.L.R. 450.
Rate of exchange to be taken into account in assessing damages for breach of contract, 43 A.L.R. 520; 50 A.L.R. 1273; 105 A.L.R. 640.
Value of contractor's own services not rendered because of breach, as deductible item in computing damages for breach of contract, 50 A.L.R. 1397.
Remedies for breach of decedent's agreement to devise, bequeath, or leave property as compensation for services, 69 A.L.R. 14; 106 A.L.R. 742.
Loss of or damage to crop as element of damages for breach of contract of sale or warranty of agricultural machinery or fertilizer, 69 A.L.R. 748.
Employer's offer to take back employee wrongfully discharged as affecting former's liability, 72 A.L.R. 1049.
Measure of damages for breach of contract for sale or purchase of equipment, supplies of gasoline, etc., used in operation of gasoline filling station, 81 A.L.R. 99.
Remedy and measure of recovery where insurer breaches its contract to pay indemnity periodically, 81 A.L.R. 379; 99 A.L.R. 1171.
Rate of exchange to be taken into account in assessing damages for breach of contract or nonpayment of money obligation payable in foreign currency, 105 A.L.R. 640.
Remedies during promisor's lifetime on contract to convey or will property at death in consideration of support or services, 7 A.L.R.2d 1166.
Burden of proving value of relief from performing contract in suit based on defendant's breach preventing or excusing full performance, 17 A.L.R.2d 968.
Right to recover, in action for breach of contract, expenditures incurred in preparation for performance, 17 A.L.R.2d 1300.
Measure or basis of attorney's recovery on express contract fixing noncontingent fees, where he is discharged without cause or fault on his part, 54 A.L.R.2d 604.
"Exclusive right to sell" and other terms in real-estate broker's contract as excluding owner's right of sale, 88 A.L.R.2d 936.
Measure of damages for lessor's breach of contract to lease or to put lessee in possession, 88 A.L.R.2d 1024.
Mental anguish as element of damages in action for breach of contract to furnish goods, 88 A.L.R.2d 1367.
Damages to franchisee for failure of franchisor of national brand or service to provide the services or facilities contracted for, 41 A.L.R.3d 1436.
Recovery for mental anguish or emotional distress, absent independent physical injury, consequent upon breach of contract in connection with sale of real property, 61 A.L.R.3d 922.
Measure of damages where vendor, after execution of contract of sale but before conveyance of property, removes part of property contracted for, 97 A.L.R.3d 1220.
Measure and elements of damages in action against physician for breach of contract to achieve particular result or cure, 99 A.L.R.3d 303.
Measure and elements of damages for breach of contract to lend money, 4 A.L.R.4th 682.
Recovery of anticipated lost profits of new business: post-1965 cases, 55 A.L.R.4th 507.