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Contract Damages I Notes

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This is an extract of our Contract Damages I document, which we sell as part of our Contract Notes collection written by the top tier of Griffith University students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Contract Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

CONTRACT

DAMAGES

I:


THE

MEASURE

OF

DAMAGES


The

Compensation

Principle:

* 'Where

a

party

sustains

loss

by

reason

of

breach

of

contract,

he

[or

she]

is,


so

far

as

money

can

do

it,

to

be

placed

in

the

same

situation

with


respect

to

damages

as

if

the

contract

had

been

performed'


o Robinson

v

Harman

* Damages

in

contract

are

compensatory

not

punitive

* Plaintiff

bears

the

onus

of

showing

actual

loss


o Standard

of

proof

on

the

balance

of

probabilities

* If

no

loss

is

establish,

the

plaintiff

will

only

recover

nominal

damages


Expectation

Loss:

* The

normal

measure

of

damages

for

breach

of

contract

* Expectation

damages

compensate

the

plaintiff

for

the

expected

benefit


they

would

have

received

if

the

contract

had

been

performed

* Normally,

this

is

based

on

direct

loss


o Loss

of

value

of

the

promised

performance


SS? If

the

contract

has

been

terminated,

the

contract

price

OR


the

cost

of

obtaining

alternative

performance


SS? If

the

contract

is

not

terminated,

the

difference

in

value


between

what

has

been

done

and

what

should

have

been


done

* A

plaintiff

may

be

entitled

to

consequential

loss


o Less

direct

loss

such

as

loss

of

profit

on

a

subsequent

contract

or


expenses

reasonably

incurred

as

a

result

of

the

breach

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