Question

Plaintiff agreed to work for Defendant for 12 months for $3000 a quarter, payable quarterly. After nine months, Plaintiff quits, which he concedes is a material breach of the contract. He has been paid for the first six months work, but not the last three. He sues. If he recovers anything, he is most likely to be compensated according to which measure of damages?

A. Expectancy.
B. Reliance.
C. Restitution.
D. Incidental.

Answer 1

The plaintiff who breached the contract is most likely to be compensated based on restitution to recover the value of the services provided for the last unpaid three months, preventing unjust enrichment of the defendant.

Step-by-step explanation:

If the plaintiff recovers anything after quitting the job and breaching the contract, he is most likely to be compensated according to the measure of restitution damages.

Restitution is designed to prevent the defendant’s unjust enrichment by compensating the plaintiff for the value of the benefit conferred to the defendant. Since the plaintiff worked for the last three months without receiving the agreed payment, restitution would aim to recover the value of the services provided during that time, which the defendant has retained. However, this is also subject to possible deductions for the breach.