125 Contractual remedies

125.1 Damages

The usual remedy for breach of contract is damages, aiming to put the innocent party in the position it would have been in had the contract been properly performed. In other words, contract damages are designed to compensate for the loss suffered by the claimant in so far as that loss has been caused by the breach of contract. However, it is often extremely difficult in the context of a shareholders’ agreement to quantify the loss caused by any breach. This is particularly true of the situation where the breach complained of consists of a decision

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