Commentary

74 Damages in contract

BAILMENT vol 3(1)
| Commentary

74 Damages in contract

| Commentary

(b) Contract

74 Damages in contract

Damages for breach of contract seek primarily to put the innocent party in the position he would have occupied had the contract been performed1. This is normally achieved by awarding him the difference between the benefit he would have got from performance and the expenditure he must have incurred to attain that benefit2. In the alternative, the innocent party may claim wasted expenditure which has been rendered futile by the breach3, provided that in so claiming he does not seek to avoid the effect of a bad bargain by recovering more than

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