D was to remove gravel and leave land levelled. D breached contract deliberately. Land not levelled. Cost to perform would be $60 000, land levelled is worth $12 260
Is the measure of lost the cost of performance or difference of value in the land?
Majority: Should be held to your contract no matter what the economic inefficiencies are – unless economic waste (this is the limit)
Dissent: Should not fulfill a contract when it is economically inefficient (MORE PERSUASIVE)
Majority: Correct remedy is the cost of remedying the defect = performance.
Dissenting: To give plaintiff more money is to go beyond what parties had in mind = Overcompensation.