Definition: Expectation refers to the anticipation or hopeful anticipation of an event or outcome. This can pertain to both positive occurrences, such as receiving a gift, or negative situations, like receiving a vaccination at the doctor’s office. It is important to note that having an expectation does not necessarily imply a desire for the event to occur or any intentional efforts to bring it about.
Expectation refers to the act of eagerly anticipating or looking forward to something. It can also pertain to the possibility of receiving something, such as wealth or honours. For instance, a diligent student may expect to receive good grades if they put in the effort to study. Similarly, an individual may have the expectation of being promoted at work if they consistently perform well. It is important to distinguish that expectation does not always imply intention. For example, a surgeon may expect that their patient will not survive a surgery, but their intention is for the patient to recover. They are aware that the desired outcome may not align with their expectations. In essence, expectation encompasses a sense of hope or belief in the occurrence or attainment of something in the future.
Expectation, in legal terms, refers to the anticipated outcome or benefit that a party reasonably expects to receive from a contractual agreement or legal relationship.
In a breach of contract case, expectation damages are typically calculated by determining the amount of money necessary to put the non-breaching party in the position they would have been in if the contract had been fully performed.
Yes, expectation damages can also be sought in other types of legal cases, such as tort claims or business disputes, where the injured party can demonstrate that they suffered financial losses due to the actions or negligence of another party.
Factors considered when calculating expectation damages include the amount of money the injured party would have received if the contract had been fulfilled, any additional expenses incurred as a result of the breach, and any other foreseeable losses directly caused by the breach.
Yes, parties can include clauses in a contract that limit or exclude the recovery of expectation damages in the event of a breach. However, such clauses must be clear, unambiguous, and not against public policy to be enforceable.
Expectation damages aim to put the injured party in the position they would have been in if the contract had been fully performed, while reliance damages seek to compensate the injured party for any expenses or losses incurred in reliance on the contract, even if it does not fully cover their expected benefit.
Generally, expectation damages do not include compensation for emotional distress or pain and suffering. These types of damages are typically sought separately in personal injury or tort cases.
In many jurisdictions, the injured party has a duty to mitigate their losses by taking reasonable steps to minimize the damages suffered. Failure to mitigate may reduce the amount of expectation damages that can be recovered.
Yes, if one party clearly communicates their intention to not fulfill their contractual obligations before the actual breach occurs, the injured party may be entitled to expectation damages based on the anticipated outcome of the contract.
In some jurisdictions, the injured party’s recovery of expectation damages may be reduced or barred if they are found to be partially at fault for the breach. This is known as contributory or comparative negligence.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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