In a total breach of contract where damages are measured by the benefit conferred, which remedy category applies?

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Multiple Choice

In a total breach of contract where damages are measured by the benefit conferred, which remedy category applies?

When damages are measured by the value of what you conferred on the other party, the remedy is restitution. Restitutionary damages aim to prevent unjust enrichment by requiring the breaching party to return the value of the benefit they received from the plaintiff’s performance. In a total breach, this focuses on the benefit actually conferred and its value, not on what you spent in reliance or on the promise's expected value. Reliance damages, by contrast, cover out-of-pocket costs and losses incurred in reliance on the contract. Nominal damages are a token amount when no actual loss is shown, and punitive damages don’t apply to contract breaches. So the correct category here is restitutionary.

When damages are measured by the value of what you conferred on the other party, the remedy is restitution. Restitutionary damages aim to prevent unjust enrichment by requiring the breaching party to return the value of the benefit they received from the plaintiff’s performance. In a total breach, this focuses on the benefit actually conferred and its value, not on what you spent in reliance or on the promise's expected value.

Reliance damages, by contrast, cover out-of-pocket costs and losses incurred in reliance on the contract. Nominal damages are a token amount when no actual loss is shown, and punitive damages don’t apply to contract breaches. So the correct category here is restitutionary.

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