Commentary

82 Expectation or reliance loss

BAILMENT vol 3(1)
| Commentary

82 Expectation or reliance loss

| Commentary

82 Expectation or reliance loss

If the bailor’s claim is akin but not identical to an action for breach of contract (as where, for example, he sues for breach of a gratuitous bailee’s express promise given in relation to the goods)1 the court will probably calculate damages by reference to the bailor’s expectation interest and award him the cost of putting himself in the position he should have reached had the contract been performed, less the necessary costs of achieving that performance. A similar measure appears applicable where a borrower of goods promises to return them in the exact condition

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