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Commentary

294 Damages

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

294 Damages

| Commentary

294 Damages

A consumer has the right to damages in two situations: where she has suffered financial loss, or has suffered alarm, distress or physical inconvenience or discomfort, which, in either case, the consumer would not have suffered if the prohibited practice had not taken place1.

The right to damages is the right to be paid damages by the trader for the loss, or for the alarm, distress etc. It does not include the right to be pad damages for the difference between the market value of a product and the amount payable for it under the contract2.

The consumer will

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