Damages for breach of contract: an overview

by Adam Kramer KC, 3 Verulam Buildings and Practical Law Dispute Resolution

Maintained | England, Wales

A practice note that provides an overview of the legal principles governing damages for breach of contract in England and Wales. This practice note examines the compensatory purpose of a damages award. It explores the assessment of damages for various types of financial loss and outlines specific rules under the Sale of Goods Act 1979. It also considers the recovery of damages for non-financial losses, such as mental distress and loss of amenity. Key restrictions on the recovery of damages are detailed, focusing on the principles of causation, mitigation, and remoteness of damage. Finally, this practice note touches on the circumstances where non-compensatory damages, such as negotiating or restitutionary damages, may be available.

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