Question

Measure of Damages. Before buying a house, Dean and Donna Testa hired Ground Systems, Inc. (GSI), to inspect the sewage and water disposal system. GSI reported a split system with a watertight septic tank, a wastewater tank, a distribution box, and a leach field. The Testas bought the house. Later, Dean saw that the system was not as GSI described—there was no distribution box or leach field, and there was only one tank, which was not watertight. The Testas arranged for the installation of a new system and sold the house. Assuming that GSI is liable for breach of contract, what is the measure of damages? [Testa v. Ground Systems, Inc., 206 N.J. 330, 20 A.3d 435 (App.Div. 2011)

Answer 1

Answer:

Compensatory damage

Explanation:

Assuming That GSI is liable for breach of contract, The measure of damage is  :

Compensatory damage : This is the compensation to be paid by the breaching party ( GSI ) to the Non-breaching party ( D and D ) for losses they incurred in purchasing the house and also fixing up the missing components in the house. and this is because GSI falsely reported that those systems where in place before D and D purchased the house.

To determine the amount of compensation the standard measure ( difference between value promised and value actually delivered by the breaching party ) will be applied.