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A court will have two choices in determining how to measure expectation damages. They can either award expectation damages measured by cost of completion or diminution in value. These measurements come up most when evaluating construction of houses. In Jacobs v. Kent, Jacobs contracted to have his house built with "reading" pipe. The house was mostly built with another type of pipe that was extremely close in the value of the pipe. They were virtually the same as one another and functioned the same as well. They were of the same or little quality difference from one another. When the cost of completion is grossly inproportionate to the value or benefit gained from them, then the court will usually award diminution in value. In this case, the builders would have had to tear down most of the house which would have cost tons of money for only a little difference in the difference in value between the two pipes. The courts usually only award cost of completion when it is a material and willful breach and whether the contract has not been substantially performed. In this case, it was an accident that the wrong piping was put into the house and didn't make that much of a difference in the overall function or value of the home. Therefore, the court awarded the diminution in value which is the difference between the value of what he currently has and the value of what he should have had. In this case, it was $0 (I think). Cost of completion on the other hand is what it would take to fully complete the job from the currrent viewpoint of the nonbreacher.

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Q: Expectation damages same as cost of completion?
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