The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

574: Law Every 1L Should Know -- Contracts (Expectation Damages - Common Law)

September 21, 2026·23 min
Episode Description from the Publisher

Welcome back to the Law School Toolbox podcast! Today, as part of our series presenting law that 1Ls should know, we cover contract expectation damages under the common law -- the standard putting the non-breaching party in the position they would have been in had the contract been performed. We look at what damages may be claimed as direct, consequential, and incidental, and analyze a hypo where we calculate the damages. In this episode we discuss: Expectation damages overview and formula What damages can be claimed as direct, consequential, and incidental? Limits on recovery, preventing the amounts from spiraling An analysis of a fact pattern with calculation of the damages Resources: Tutoring Contact Form (https://lawschooltoolbox.com/tutoring-contact-form/) Hadley v. Baxendale (https://www.casebriefs.com/blog/law/contracts/contracts-keyed-to-farnsworth/remedies-for-breach/hadley-v-baxendale/) Podcast Episode 354: Listen and Learn – Expectation and Consequential Damages (Contracts) (https://lawschooltoolbox.com/podcast-episode-354-listen-and-learn-expectation-and-consequential-damages-contracts/) Podcast Episode 497: Listen and Learn – Incidental, Reliance, and Restitution Damages (Contracts) (https://lawschooltoolbox.com/podcast-episode-497-listen-and-learn-incidental-reliance-and-restitution-damages-contracts/) Podcast Episode 536: Listen and Learn – UCC Expectation Damages (Contracts) (https://lawschooltoolbox.com/podcast-episode-536-listen-and-learn-ucc-expectation-damages-contracts/) Podcast Episode 558: Law Every 1L Should Know – Contract Formation (https://lawschooltoolbox.com/podcast-episode-558-law-every-1l-should-know-contract-formation/) Download the Transcript  (https://lawschooltoolbox.com/episode-574-law-every-1l-should-know-contracts-expectation-damages-common-law/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode! Thanks for listening! Alison & Lee

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