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Question:

What damages are available for  breach of contract? Can I sue for  aggravation?

ANSWER: Courts applying contract law   seek to put the parties in the same position  they would have been, had the contract been  performed fully. Here’s an example: you  agree to purchase on Ebay a gold watch for  five dollars and the watch is really worth  $200. If you make payment and the seller  refuses to deliver the watch, you can sue for  $195, the difference between what you would  have paid and the market value of the watch.

Alternatively, in the above scenario, you can  sue for your out-of-pocket expenses and   incidental damages, i.e., costs you incurred  from the other party’s failure to perform.

That said, in Pennsylvania, you cannot sue  for aggravation, nor can you sue for punitive  damages or pain or suffering on a breach of  contract theory. Nevertheless, if you are a  consumer purchasing a product or service  from a merchant, you may be able to sue for  treble damages (three times your actual  damages), if the merchant’s conduct rose to  the level of unfair trade practices, which  involves something more than an ordinary  breach of contract. Contact one of our skilled  lawyers for a more detailed analysis of the  damages you can recover from another  party’s failure to perform on an agreement.

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