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This paper looks at damages for breach of contract and is organised into three parts. First, the right to damages. This part looks at causation, remoteness and mitigation of loss. 4. Secondly, the assessment of damages and proof of loss, which considers the nature of damages that may be awarded for contractual breach, their theoretical.
Lord Denning: There is a distinction between claims for loss of profit consequent on breach, and claims for compensation for physical damage caused by a breach of contract. In the former, the strict criteria from Koufos apply, whereas in the latter case the criterion is that which applies in tortious claims so that the defendant is liable for the type of 'loss or expense which they ought.
Question: Explain how the rules of remoteness and mitigation affect the damages that are recoverable for breach of contract, and assess whether they impose effective limits on what may be recovered. Answer: Following a breach of contract by a defendant, a court generally awards.
The proof of causation in negligence cases. This assignment will critically examine some of the approaches that have been taken by the court when dealing with issues involving the proof of causation in negligence cases. The particular question that will be considered is to what extent does the case law in this area demonstrate a persistent tension between notions of fault liability and the.
Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers' liability and vicarious liability. It also considers product and occupiers liabilities.
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