Breach of contract: Difference between revisions

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These ordinary principles apply pragmatically to limit the damages a party must pay to what is reasonable for what that party was responsible.
These ordinary principles apply pragmatically to limit the damages a party must pay to what is reasonable for what that party was responsible.


All summed up very nicely in the case of {{casnote|Hadley|Baxendale}} where Baron Alderson said:
All summed up very nicely in the case of {{casenote|Hadley|Baxendale}} where Baron Alderson said:
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Where two parties have made a contract which one of them has broken, the [[damages]] which the other party ought to receive in respect of such [[breach of contract]] should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.  
Where two parties have made a contract which one of them has broken, the [[damages]] which the other party ought to receive in respect of such [[breach of contract]] should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.