Template:Nutshell DRVF 8: Difference between revisions

:{{drvfprov|8(1)}} The non-defaulting party (the '''{{drvfprov|Party Entitled to Damages}}''') may claim damages on the basis of the cost to it of [[replacement transaction]]s effected promptly. To calculate this it may seek quotes and may consider its own costs and expenses but must take into account all {{drvfprov|Transaction}}s including any financial benefits it receives from their {{drvfprov|Termination}}.<br>

:{{drvfprov|8(2)}} If the {{drvfprov|Party Entitled to Damages}} obtains an overall net financial benefit from terminating {{drvfprov|Transaction}}s, subject to Clause {{drvfaprov|9(2)}} and {{drvfprov|12(4)}}) it will owe the other party the amount of that benefit, as long as it does not exceed the damages the other party actually suffered. It will calculate that financial benefit and the  damages the same was as it calculated its own damages under 8(1).<br>