Commentary

77 Extra-compensatory damages in contract

BAILMENT vol 3(1)
| Commentary

77 Extra-compensatory damages in contract

| Commentary

77 Extra-compensatory damages in contract

In certain instances an innocent contracting party may receive substantial damages which appear (though the analysis is controversial) to exceed his loss1. An example of particular importance to bailment is that of the commercial contract concerning goods, where the parties contemplate that the proprietary interests in the goods may pass from one owner to another after conclusion of the contract and before any breach of contract affecting the goods. In that event, if the parties so intend, an original contracting party may be treated as having made the contract for the benefit of those who

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