Substantial Non Performance Breach of Contract
"A party may terminate or rescind a contract because of substantial nonperformance or breach by the other party." Not all breaches will authorize the other party to abandon or refuse performance.
To justify termination it is necessary that the failure of performance on the party go to the substance of the contract." See, Tracy Saienni, t/a Final Stage Contracting v. G & C Capital Group, Inc., Del. Super., C.A. No. 96C-07-151JOH, Herlihy, J. (May 1, 1997).
"Compensatory damages are designed to place the injured party in an action for breach of contract in the same place as he would have been if the contract had been performed." J.J. White v. Metropolitan Merchandise Mart, Del. Super., 107 A.2d 892 (1954).
"Such damages should not act as windfall." See, c.f. Council of Unit Owners of Sea Colony v. Freeman, Del. Super., 564 A.2d 357 (1989); Huggins v. B. Gary Scott, Inc., Del. Super., C.A. No. 88C-0C-80, Herlihy, J. (June 25, 1992).
". . . the term "quantum meruit" literally means as much as he deserves." Marta v. Nepa, Del. Supr., 385 A.2d 727 (1978). Obviously, this Court must find this claim to be proven by a preponderance of evidence to sustain an award.
Courts have interpreted the principle of quantum meruit as "the amount for which such service could have been purchased from one in the plaintiff's position at the time and place the services were rendered." Middle States Drywall, Inc. v. DMS Properties First, Inc. and DMS Construction, Del. Supe (July 2, 1996); United States Western States Mech. Contr., Inc. 10th Cir., 834 F.2d 1533, 1539 (1987).
See, also Hayes & Sons Construction Co. v. Ralph Mangini, Mangini Home Renovations, Del. Super (1999).