Damages

Question 1

What is the purpose of damages?

Answer 1

To put you in the position you would have been had the contract been performed

Question 2

How are damages assessed?

Answer 2

Look at the financial situations and then breach the gap between that and where they would have been had the contract been performed

Question 3

What is remoteness of loss?

Answer 3

It means a defendant is not liable for all consequences of breach, only ones which aren’t too remote

Question 4

What is cost of cure?

Answer 4

When work or services need to be put to the standard that it would have been had it been done properly

Question 5

Difference in value?

Answer 5

If you’re delivered lower quality goods but ordered higher quality, you’re given the difference between the qualities

Question 6

Loss of amenity?

Answer 6

Loss of pleasure of doing something under the circumstances

Question 7

What does mitigation mean?

Answer 7

The claimant must take reasonable steps to reduce their loss

The onus of proof is on the defendant to prove the claimant has not mitigated