What Kinds of Damages are Recoverable on a Breach of Contract Claim?

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Have you been injured by a breach of contract? Thankfully, there are seven kinds of damages that are commonly awarded to compensate an injured party for their loss.

Compensatory Damages

Compensatory damages are the most common form of damages and reimburse an injured party for the losses that they have suffered resulting from breach of contract. The goal of compensatory damages is to make the non-breaching party whole again.

There are two kinds of compensatory damages: expectation damages and consequential damages. Expectation damages award the injured party the amount they were expected to receive from the fulfillment of the contract, whereas consequential damages compensate the injured party for any damages that indirectly occur from the breach of contract, such as lost profits.

Restitution Damages

Restitution damages are awarded when someone who breaches a contract is unjustly awarded at the expense of an injured party. Restitution damages usually come into play when two parties make a promise but only one-party benefits. The goal of restitution damages is to prevent the unjust enrichment of the contract breacher.

Liquidated Damages

Liquidated damages are a pre-determined sum decided by the parties and outlined in a contract that detail the amount recoverable by a party in the event of a breach of contract. Liquidated damages are often used in cases where it would be difficult to calculate actual damages.

Nominal Damages

Nominal damages are more symbolic than anything. Nominal damages are awarded when the injured party is in the right but has not suffered substantial harm. They are typically very low and value and exist to serve a point.

Quantum Meruit

Quantum Meruit means “as much as deserved” and allow an injured party to recover the value of the services they performed, even in the absence of a written contract. Quantum Meruit damages are commonly awarded when one party provides a service expecting compensation but receives nothing.

Punitive Damages

Punitive damages are a form of damages that seek to punish the contract breacher for wrong or immoral behavior. They are awarded on top of compensatory damages and seek to deter others from committing similar behavior.

If you have been injured by a breach of contract, it is recommended you reach out to an experienced business attorney to discuss the kind of damages you should seek.

EPGD Business Law is located in beautiful Coral Gables. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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Eric Gros-Dubois

Founding partner Eric Gros-Dubois established EPGD Business Law in 2013. With over a decade of experience expanding the firm and leading it to its current success, Eric now primarily manages the corporate division of EPGD. Given Eric’s educational background, holding both a JD and MBA, combined with his own unique experience of starting a business from scratch and growing it to a multi-million dollar firm, he brings a specialized and invaluable perspective to those seeking legal assistance for themselves and their businesses. Having now instilled his same values in our team of skilled corporate associates, Eric leads a firm that is always ready, willing, and equipped to handle any and every legal matter that a business owner may have.


*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.



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