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Wednesday Jun 25, 2025
Wednesday Jun 25, 2025
This lecture explains the common law doctrines that limit how much money a court will award for breach of contract. Foreseeability asks whether the loss was within the parties’ contemplation at the time of agreement. Certainty asks whether the plaintiff can prove the amount with sufficient precision. Mitigation asks whether the injured party could have avoided the harm through reasonable efforts. Together, these doctrines draw the boundary of expectation damages.
The video walks through Hadley v. Baxendale, Restatement (Second) § 351, § 352, and UCC §§ 2-715, 2-712, and 2-718. It uses concrete examples involving airplane parts, startup ride-sharing scooters, bottling delays, and brewery supply chains to illustrate how courts analyze direct and consequential damages. The discussion closes with a framework for drafting enforceable liquidated-damages clauses, including the two-prong reasonableness test and how such clauses interact with other limitations doctrines.
Making Law Accessible
Organized: The Business Law Breakdown is a podcast designed to make complex legal principles accessible to professionals, students, and anyone interested in understanding how the law shapes business. Hosted by Professor Seth C. Oranburg, this series breaks down essential legal concepts through real-world examples, case studies, and engaging discussions. Each season focuses on a specific area of business law.
Current Series: Mastering Contracts
In this season, Mastering Contracts, we dive into the foundational principles of contract law, exploring how promises transform into binding legal agreements. From offer and acceptance to capacity, consideration, and beyond, this series provides listeners with the tools to navigate the world of contracts—whether you’re studying law or negotiating business deals.