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Contract Law

Contract Law (7th edn)

Mindy Chen-Wishart
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date: 16 June 2024

p. 52713. Damageslocked

p. 52713. Damageslocked

  • Mindy Chen-WishartMindy Chen-WishartDean and Professor in the Law of Contract, Oxford University Law Faculty, Fellow of Merton College, Oxford, and Professor of Law (fractional), National University of Singapore

Abstract

Where the parties have not agreed on the consequences of breach or any agreed remedies are unenforceable, the default is that the aggrieved party is always entitled to expectation damages for breach of contract. This chapter discusses: (1) the types of loss recognised by contract law and so compensable for breach of contract; (2) how loss is calculated; (3) when contract law allows departures from the expectation measure and allows awards claims based on reliance, restitution, account of profits, or loss of opportunity to bargain (negotiating damages); and (4) when consumers have the right to a price reduction.

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