4 Questions
What is the primary objective of common law damages?
To place the innocent party in the same position as if the contract was properly performed
In common law, what must the loss suffered by the plaintiff be connected to in order to claim damages?
The breach of the contract by the defendant
What concept is used to determine if a loss suffered is too remote in common law?
Proximity test
What is expected of the innocent party in terms of minimizing losses in common law?
To minimize its losses to avoid reduced damages
Study Notes
Common Law Damages
- The primary objective of common law damages is to put the plaintiff in the same position as they would have been if the breach had not occurred.
- The loss suffered by the plaintiff must be connected to the breach of contract or wrongful act in order to claim damages.
- The concept of remoteness is used to determine if a loss suffered is too remote to be recoverable.
- The innocent party is expected to take reasonable steps to minimize their losses, known as mitigating their losses.
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Test your knowledge on common law remedies such as damages, causation, and remoteness of damages, along with equitable remedies. Explore the concept of common law damages and how they aim to compensate the innocent party in a contract breach scenario.
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