Symmetrical Use of Universal Damages Principles—Such as the Principles Underlying the Doctrine of Proximate Cause— To Distinguish Breach-Induced Benefits That Offset Liability from Those That Do Not
“Remedies” is its own area of law, the focus of which is “the bottom line.” It is the source of law that determines just what a prevailing plaintiff in a civil case wins and, conversely, just what the defendant in that case loses. In many cases, this bottom line is determined by a deceptively simple, but critically important, principle: the “rightful position” principle. Whether the plaintiff’s claim is based on the defendant’s breach of a duty imposed by law or a duty undertaken by contract, the rightful-position principle usually directs an award of money—i.e., compensatory damages—that is supposed to place the plaintiff, as nearly as a sum of money can, in the position that he or she would have occupied but for the breach. Read More …