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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. | 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. | 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]]==== | ====[[Special damages]]==== | ||
{{special damages capsule}} | |||
====[[Aggravated damages]]==== | ====[[Aggravated damages]]==== | ||
To compensate the defendant for mental distress | To compensate the defendant for mental distress | ||
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*[[Causation]] | *[[Causation]] | ||
*[[Consequential loss]] | *[[Consequential loss]] | ||
{{ref}} | |||