Under the nature magazine contract, what is the subscriber's basis for recovery?

• A. Yes, because the magazine prevented publication of the photograph on the May issue.
• B. No, because the photograph was not used on May.
• C. Yes, because the photograph was used on an issue other than May.
• D. No, because the contest required use on the May issue.

Answer: (A)

The main idea is breach of contract by preventing performance. If the Nature magazine contract promised to publish the subscriber’s photograph in the May issue, then the magazine’s act of blocking that publication breaches the contract and deprives the subscriber of the promised benefit. The subscriber’s basis for recovery is the value of that promised May publication—the expectation interest. Damages are measured by what the subscriber stood to gain from having the photograph appear in May (the lost value of that issue’s promise). If the photograph ends up appearing in a different issue, that does not cure the breach of the May publication promise. The contest rule cannot excuse failing to publish in May.