Breach of contract: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 6: Line 6:
For very sound reasons the law of [[contract]] imposes limitations (“[[causation]]”, “[[proximity]]” and “[[remoteness of damage]]”) on the [[damages]] a party may recover for breach of contract:<br />
For very sound reasons the law of [[contract]] imposes limitations (“[[causation]]”, “[[proximity]]” and “[[remoteness of damage]]”) on the [[damages]] a party may recover for breach of contract:<br />
*'''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 of damage|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 contract]].


===[[Indemnities]]===
===[[Indemnities]]===