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Contractual damages: Difference between revisions
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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]]==== | ||
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. | 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. | ||
====[[Aggravated damages]]==== | ====[[Aggravated damages]]==== | ||
To compensate the defendant for mental distress | To compensate the defendant for mental distress | ||
====[[Punitive damages]]==== | ====[[Punitive damages]]==== | ||
Much rarer, because these go ''beyond'' the philosophical aims of a contractual damages action. | 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> | ||
{{sa}} | {{sa}} | ||
*[http://www.lawcom.gov.uk/app/uploads/2015/04/LC247.pdf Law commissioon report on exemplary damages] | *[http://www.lawcom.gov.uk/app/uploads/2015/04/LC247.pdf Law commissioon report on exemplary damages] in 1997 | ||
*[[Breach of contract]] | *[[Breach of contract]] | ||
*[[Causation]] | *[[Causation]] | ||
*[[Consequential loss]] | *[[Consequential loss]] | ||