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In that hypothetical, it would definitely be a breach of contract. If you paid for an ad during the Super Bowl expecting it to be run, and then it wasn't, that'
by Erik816 7y ago
In that hypothetical, it would definitely be a breach of contract. If you paid for an ad during the Super Bowl expecting it to be run, and then it wasn't, that's a breach. Refunding your money may or may not make you whole. What if that was the only way to reach your target customers, and now you can't do it for another year?
There are contracts you can breach and just provide a refund, and no one is worse off. But that's not always the case, and any material failure to not perform under the contract is a breach.
- dragonwriter 7y agoIt's quite possible to structure a contract such that payment entitles you to either some other benefit or a refund; whether there is a breach at all depends on the terms of the contract. And it is the norm that return of consideration is the limit to damages for breach of contract; the exceptional circumstances permitting additional recovery almost all involve you having—both in fact and in the other parties knowledge (and, IIRC, generally requires this to be expressly part of the body of agreement in the contract)—relied on the promise in the contract to forego some other opportunity that is lost in the breach.
- speedplane 7y ago> it is the norm that return of consideration is the limit to damages for breach of contract What contract law are you reading? The standard damages for breach of contract are called compensatory damages... meaning they put you in the same place you were in had the contract not been breached. Suppose you sign a contract to buy $1000 of widgets, but the seller never sends the widgets, and instead you have to go out and buy the widgets from someone else for $2000. You have a pretty clear breach of contract claim for the extra $1000 you needed to pay someone else.