Abstract
This Article shows that the willfulness of the defendant's breach, economic waste, disproportionality of the cost of repair to loss in market value caused by the breach, and aesthetic preference of the owner have each been deemed by some court to be the single crucial factor in choosing between cost of repair and diminished value damages. A new approach is suggested in which willfulness would be the only crucial factor, with its presence mandating the higher measure of damages in order to deter breach. If willfulness is not found, a court should then engage in open-ended balancing of all factors relevant to the choice of the measure of damages.
How to Cite
24 Ariz. L. Rev. 733 (1982)
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