2021 Georgia Code
Title 13 - Contracts
Chapter 6 - Damages and Costs Generally
§ 13-6-2. Measure of Damages - Generally

Damages recoverable for a breach of contract are such as arise naturally and according to the usual course of things from such breach and such as the parties contemplated, when the contract was made, as the probable result of its breach.

(Civil Code 1895, § 3799; Civil Code 1910, § 4395; Code 1933, § 20-1407.)

- For article discussing recovery of anticipatory damages in breach of contract actions, see 11 Ga. B.J. 18 (1948). For annual survey of law of contracts, see 38 Mercer L. Rev. 107 (1986). For article, "Recent Developments in Construction Law," see 5 Ga. St. B.J. 24 (1999).

ANALYSIS

• General Consideration
• Nature of Damages Recoverable
• Measure of Damages Recoverable

RESEARCH REFERENCES

Am. Jur. 2d.

- 22 Am. Jur. 2d, Damages, §§ 31 et seq.

Value of Growing Crop, 20 POF2d 115.

- 25 C.J.S., Damages, § 30, et seq.

- Loss of profits as damages for breach of contract in relation to advertising, 41 A.L.R. 198.

Valuation clause in carrier's contract as limit, or as ratio, of recovery in case of partial loss, 41 A.L.R. 450.

Rate of exchange to be taken into account in assessing damages for breach of contract, 50 A.L.R. 1273; 105 A.L.R. 640.

Value of contractor's own services not rendered because of breach, as deductible item in computing damages for breach of contract, 50 A.L.R. 1397.

Measure of damages for purchaser's breach of contract to buy real property, 52 A.L.R. 1511.

Injury to prestige or reputation as element of damages for employer's breach of contract for services, 56 A.L.R. 901.

Right of construction contractor to complete performance and claim contract price, notwithstanding unjustifiable repudiation of contract by other party, 66 A.L.R. 745.

Loss of or damage to crop as element of damages for breach of contract of sale or warranty of agricultural machinery or fertilizer, 69 A.L.R. 748.

Measure of recovery for breach of correspondence school agreement, 78 A.L.R. 334.

Damages for breach of telegraph company's agreement to transmit money, 80 A.L.R. 298.

Measure of damages for breach of contract for sale or purchase of equipment, supplies of gasoline, etc., used in operation of gasoline filling station, 81 A.L.R. 99.

Remedy and measure of recovery where insurer breaches its contract to pay indemnity periodically, 81 A.L.R. 379; 99 A.L.R. 1171.

Measure of damages for breach of contract preventing operation of nonindustrial business in contemplation, but not established or in actual operation, 99 A.L.R. 938.

Vendee's right to recover amount paid under executory contract for sale of land, 102 A.L.R. 852; 134 A.L.R. 1064.

Measure of damages for breach by lessor of contract to lease or to put lessee into possession, 104 A.L.R. 132; 88 A.L.R.2d 1024.

Right of building or construction contractor to recover damages resulting from delay caused by default of contractee, 115 A.L.R. 65.

Measure of owner's damages for delay of contractor, or breach resulting in delay, where performance of other contract or work was necessary to complete project, 125 A.L.R. 1242.

Cancelation of lease or contract pursuant to provision in that regard as affecting liability accruing before cancelation, 166 A.L.R. 391.

Validity of contractual provision by one other than carrier or employer for exemption from liability, or indemnification, for consequences of own negligence, 175 A.L.R. 8.

Burden of proving value of relief from performing contract in suit based on defendant's breach preventing or excusing full performance, 17 A.L.R.2d 968.

Right to recover, in action for breach of contract, expenditures incurred in preparation for performance, 17 A.L.R.2d 1300.

Consequences of liability insurer's refusal to assume defense of action against insured upon ground that claim upon which action is based is not within coverage of policy, 49 A.L.R.2d 694; 68 A.L.R.4th 389.

Liability of one cutting and removing timber under deed or contract for failure to remove or dispose of debris, trimmings, or tops, 56 A.L.R.2d 400.

Measure and items of damages for lessee's breach of agreement to erect building, 63 A.L.R.2d 1110.

Measure and elements of damages for breach of contract to marry, 73 A.L.R.2d 553.

Measure of damages for lessor's breach of contract to lease or to put lessee in possession, 88 A.L.R.2d 1024.

Mental anguish as element of damages in action for breach of contract to furnish goods, 88 A.L.R.2d 1367.

Recovery of damages by employee wrongfully discharged before expiration of time period fixed in employment contract as embracing entire term of contract or as limited to those damages sustained up to time of trial, 91 A.L.R.2d 682.

Measure and elements of sublessee's damages recoverable from sublessor for latter's failure to exercise option to renew his lease, 94 A.L.R.2d 1345.

Right and measure of recovery for breach of obligation to drill exploratory oil or gas wells, 4 A.L.R.3d 284.

Building and construction contracts: prime contractor's liability to subcontractor for delay in performance, 16 A.L.R.3d 1252.

Damages to franchisee for failure of franchisor of national brand or service to provide the services or facilities contracted for, 41 A.L.R.3d 1436.

Civil liability of undertaker in connection with embalming or preparation of body for burial, 48 A.L.R.3d 261.

Recovery for mental anguish or emotional distress, absent independent physical injury, consequent upon breach of contract in connection with sale of real property, 61 A.L.R.3d 922.

Measure of damages for breach of contract to will property, 65 A.L.R.3d 632.

Recovery of expected profits lost by lessor's breach of lease preventing or delaying operation of new business, 92 A.L.R.3d 1286.

Recovery by writer, artist, or entertainer for loss of publicity or reputation resulting from breach of contract, 96 A.L.R.3d 437.

Measure of damages where vendor, after execution of contract of sale but before conveyance of property, removes part of property contracted for, 97 A.L.R.3d 1220.

Measure and elements of damages for breach of contract to lend money, 4 A.L.R.4th 682.

Liability insurer's postloss conduct as waiver of, or estoppel to assert, "no-action" clause, 68 A.L.R.4th 389.

Liability of contractor who abandons building project before completion for liquidated damages for delay, 15 A.L.R.5th 376.