MBE Rules · Contracts

Reliance damages

The rule

Awarded when expectation damages are too speculative. Puts the non-breaching party in the position they would have occupied had the contract NEVER been made — recovering out-of-pocket expenses incurred in reliance.

In plain English

Reliance damages pay back the money you spent because you trusted the contract would happen, but it didn't.

Worked example

A buyer spends $500 on supplies for a canceled event. The buyer can claim $500 in reliance damages to cover those costs.

Memory hook

Reliance = Rewind Reality. When expectation's fuzzy, recover spent cash to reset to pre-contract world.

The trap

Students think: Reliance damages always equal expectation damages. Wrong, because reliance aims to undo expenses. The actual test is to restore pre-contract position.

How examiners test it

The MBE loves: a contract with uncertain profits + incurred costs. Trap: students assume profit recovery. Focus on reimbursing expenses, not lost profits.

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