Contractual damages: Difference between revisions

Contractual damages (view source)

372 bytes removed , 22 October 2020

no edit summary

82,891

edits

@@ Line 17: / Line 17: @@
 These include the direct and foreseeable losses of a contract. If I have loaned you £100 against the collateral of your car, and you default, my damages are £100 ''minus'' the realised value of the car (£50 — it was a crappy car). These could conceivably by consequential losses — loss of profit and so on — provided it was genuinely within the contemplation of the parties, foreseeable, determinate and so on. Since consequential losses are of their nature indeterminate, it is very hard to get them awarded in normal circumstances.
 ====[[Special damages]]====
-These are the direct out-of pocket costs of mitigating your loss. So, the £15 commission I had to pay wesellanycrappymotor.com to hock off your car for £50. Again, bear in mind the point is to put the innocent one in the position she would have been had the contract been performed. She would not have had to sell that car, so this is fair enough,and reasonably foreseeable, determinate and so on.
+{{special damages capsule}}
 ====[[Aggravated damages]]====
 To compensate the defendant for mental distress