BA 3340 Lecture Notes - Lecture 99: Breach (Security Exploit), Unconscionability, Lever Brothers
Document Summary
Common law ra*onale put party in the posi*on they would have been in had the contract been performed. If no actual loss can be shown, only nominal damages will be awarded: luna park v. Damages recoverable are limited to those that are not too remote : hadley v baxendale: arise naturally from breach, are contemplated as a probable result of breach at the *me of contract forma*on. Damages for injured feelings generally not recoverable: addis v gamophone co ltd. Damages for discomfort, disappointment, distress generally not recoverable (diberent under law of negligence): bal=c shipping co v dillon: excep*on: where object is to give enjoyment. Injured party has a duty to mi*gate its losses cannot recover loss afributable to a failure to mi*gate (d has to prove this) Exemplary damages are awarded as compensa*on but also to punish the party in default in view of the inten*onal or gagrant nature of the breach (b) equitable remedies.
