Section 23A

Citation: Section 23A
Parent Document: BLT Burger DC, LLC v. Norvin 1301 CT, LLC, 86 A.3d 1139 (2014)
Jurisdiction: DC (municipal)
Effective Date: 2014-03-13
Original Source: https://www.courtlistener.com/opinion/2656505/blt-burger-dc-llc-v-norvin-1301-ct-llc/ ↗

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          Latham Land I, LLC v. TGI Friday’s, Inc., 96 A.D.3d 1327, 1330, 1332
(N.Y. App. Div. 2012) (“[G]eneral (or direct) damages . . . compensate for the
value of the promised performance. . . . Plaintiff seeks to recover for expectation
damages flowing from defendant‟s breach, i.e., the loss of the benefit of its
bargain. In our view, these are direct damages, which are the natural and probable
consequence of the breach.”) (internal quotation marks omitted).
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           See BVT Lebanon Shopping Ctr., Ltd. v. Wal-Mart Stores, Inc., 48
S.W.3d 132, 136 (Tenn. 2001) (diminution in value is proper measure of damages
when anchor tenant breached implied covenant of continued occupancy in
shopping center; concurring opinion characterizes diminished value damages as
special damages); Pleasant Valley Promenade v. Lechmere, Inc., 464 S.E.2d 47,
62-63 (N.C. Ct. App. 1995) (diminished value damages may be applied as special
damages where anchor store left shopping center if such damages were foreseeable
or contemplated); see also Hornwood v. Smith’s Food King No. 1, 772 P.2d 1284,
1286 (Nev. 1989) (diminution in value of shopping center as result of anchor
tenant‟s breach of lease was foreseeable).
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