I. Damages in General. 2. II. Limitations on Damages. 3.Plaintiffs challenge to the dismissal of his claim for breach of contract, it is clear that he has no such viable cause of action. When parties negotiate the terms of a contract, they cannot account for every contingency or event that may affect performance. When one party breaches a contract, the other party may seek legal remedies such as suing for damages or specific performance. It is well established that a written contract may be waived, and the provisions in a contract may be waived. We hold that the measure of damages is the difference, if any, between the contract price and the fair market value of the property at the time of the breach. What are the terms of the contract? • Was the contract breached?