Joan may however, seek recovery on the contract or, as a nonbreaching party, seek recovery off the contract under quantum meruit theory. On the Contract. Bill will argue that Joan's expectancy recovery is limited by the doctrines of foreseeability and certainty and must be reduced for all costs saved as a result of the premature dismissal. Under the forseeability doctrine, Joan may not recover for any damages that Bill did not have reason to foresee as a probable result of the breach when the contract was made. Bill had reason to know existed.
Special circumstances implies specific knowledge of events other than in the ordinary course.
Under the certainty doctrine, damages are not recoverable beyond an amount that may be established with reasonable certainty. Joan's damages incurred as a result of a loss of a valuable client were not foreseeable to Bill at the time the contract was made. Clients regularly dismiss their lawyers and the lawyers do not usually lose other clients as result, particularly where the other client was not even aware of the dismissal. The loss of another client was clearly an unusual circumstance that Bill had no special knowledge about. Joan may not recover any amount relative to the loss of another client.