Contracts II

Restatement Second of Contracts § 360

Restatement Second of Contracts § 360

Factors Affecting Adequacy of Damages

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In determining whether the remedy in damages would be adequate, the following circumstances are significant:

  1. the difficulty of proving damages with reasonable certainty,
  2. the difficulty of procuring a suitable substitute performance by means of money awarded as damages, and
  3. the likelihood that an award of damages could not be collected.
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