Contractual damages: Difference between revisions

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-{{a|contract|}}
+{{a|contract|{{subtable|{{small|80}}{{loss v damages}}</div>}}}}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]].
-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]].
 These ordinary principles apply pragmatically to limit the damages a party must pay to what is reasonable for what that party was responsible.
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 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
-====[[Punitive damages]]====
+====''No'' [[punitive damages]] for [[breach of contract]]====
-Much rarer, because these go ''beyond'' the philosophical aims of a contractual damages action. For that very reason sayeth the Law Commission: “we recommend that punitive damages should not be available unless the defendant has committed a [[tort]], an [[equitable wrong]], or a civil wrong that arises under a statute, and his conduct showed a ‘deliberate and outrageous disregard of the plaintiff’s rights’. '''We also recommend that [[punitive damages]] should never be available for [[breach of contract]].”<ref>[http://www.lawcom.gov.uk/app/uploads/2015/04/LC247.pdf Law commissioon report on exemplary damages]</ref>
+{{punitive damages capsule}}
 {{sa}}
 *[http://www.lawcom.gov.uk/app/uploads/2015/04/LC247.pdf Law commissioon report on exemplary damages] in 1997
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 *[[Causation]]
 *[[Consequential loss]]
+{{ref}}