Describe what the non-breaching party would’ve had if the contract had been performed.
Describe where the non-breaching party stands now.
Figure out what it would take to bring the non-breaching party from where she is now to where she would’ve been had both parties performed.
Scott J. Burnham is the Curley Professor of Commercial Law at Gonzaga University School of Law. For 30 years he has taught Contracts at law schools internationally and throughout the U.S. He is also a prolific writer on legal topics and a consultant on contract drafting for numerous businesses.
