Contractual damages: Difference between revisions

From The Jolly Contrarian
Jump to navigation Jump to search
(Amwelladmin moved page Contractual damages to Breach of contract)
 
(Removed redirect to Breach of contract)
Tag: Removed redirect
Line 1: Line 1:
#REDIRECT [[Breach of contract]]
{{a|contract|}}
The measure of [[compensation]] one can expect as a result of another’s [[breach of contract]]. This is generally targeted at putting the claimant in the ''financial'' position it would have been in had the naughty little rabbit performed its obligations up to expectation. Financial, not physical: the common law could not generally insist on performance as such — for that, you need the [[equitable remedy]] of [[specific performance]].
 
{{sa}}
*[[Breach of contract]]
*[[Causation]]
*[[Consequential loss]]

Revision as of 11:06, 22 October 2020

The basic principles of contract


Formation: capacity and authority · representation · misrepresentation · offer · acceptance · consideration · intention to create legal relations · agreement to agree · privity of contract oral vs written contract · principal · agent

Interpretation and change: governing law · mistake · implied term · amendment · assignment · novation
Performance: force majeure · promise · waiver · warranty · covenant · sovereign immunity · illegality · severability · good faith · commercially reasonable manner · commercial imperative · indemnity · guarantee
Breach: breach · repudiation · causation · remoteness of damage · direct loss · consequential loss · foreseeability · damages · contractual negligence · process agent
Remedies: damages · adequacy of damages ·equitable remedies · injunction · specific performance · limited recourse · rescission · estoppel · concurrent liability
Not contracts: Restitutionquasi-contractquasi-agency

Index: Click to expand:

Comments? Questions? Suggestions? Requests? Insults? We’d love to 📧 hear from you.
Sign up for our newsletter.


The measure of compensation one can expect as a result of another’s breach of contract. This is generally targeted at putting the claimant in the financial position it would have been in had the naughty little rabbit performed its obligations up to expectation. Financial, not physical: the common law could not generally insist on performance as such — for that, you need the equitable remedy of specific performance.

See also