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Breach of contract: Difference between revisions
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*'''Causation''': The breach needs to be the [[operating cause]] of the innocent party’s loss (is that the ''[[causa sine qua non]]''?); | *'''Causation''': The breach needs to be the [[operating cause]] of the innocent party’s loss (is that the ''[[causa sine qua non]]''?); | ||
*'''Remoteness''': They need to have been the sorts of losses the parties reasonably contemplated might arise from a breach when they entered the contract – i.e. they need to be reasonably foreseeable - the “usual consequences” of a breach of the contract. | *'''Remoteness''': They need to have been the sorts of losses the parties reasonably contemplated might arise from a breach when they entered the contract – i.e. they need to be reasonably foreseeable - the “usual consequences” of a breach of the contract. | ||
===[[Indemnities]]=== | |||
Note that these pragmatic considerations do not apply to liability under an [[indemnity]]. This is why lawyers FREAK OUT about [[indemnities]]. | |||
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. | ||