The Net Result

Assume Paul gets his $100,000 of restitution damages, and Fly-By-Night gets its $300,000 of restitution damages.

This is just the result we want. Both parties receive compensation that puts them in as good a position as they would have been in had the contract been performed as promised.

In describing the Fly-By-Night example, we did not use the concept of a material breach. Now we introduce that concept into the example.

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