p. 1427. Remedies for breach of contract
- Jill Poole, Jill PooleFormerly Deputy Dean, Aston Business School, and Professor of Commercial Law, Aston University
- James DevenneyJames DevenneyHead of School and Professor of Transnational Commercial Law, School of Law, Reading University, UK and Visiting Full Professor, University College Dublin, Ireland
- , and Adam Shaw-MellorsAdam Shaw-MellorsSenior Lecturer in Commercial Law and Director of Employability, Law School, Aston University, UK
Abstract
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on damages, the aim of which is generally to protect the claimant’s contractual expectation and put the claimant into the position they would have been in had the contract been properly performed. The lost expectation may be measured in terms of the difference between what the claimant expected to get and what was actually received. There are limitations on the claimant’s ability to be fully compensated for losses as a result of breach, i.e. remoteness, mitigation, contributory negligence, and the ability to recover for non-pecuniary losses in contract. This chapter also examines agreed damages clauses and the operation of the penalty rule.
