COMM 393 Study Guide - Final Guide: Mental Distress, Precontract, Judgment Debtor
Document Summary
Brealta energy inc v. first capital management ltd 618. A party to a contract may include a term in a contract to exclude or limit his/her liability in the event of a breach of contract or in any specified circumstances. Exemption clause seeks to restrict the liabilities that may arise from the legal relation. Damages: loss must flow from the breach, damages must be mitigated asap by the party suffered by the loss using another supplier, for eg the measurement of damages. Typically, when a nominal damage award is used, the plaintiff will be awarded . Courts recognize pain, suffering, nervous shock, and humiliation as harms for which they should grant recovery as part of general damages. It is an alternative to awarding damages and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential information or real property.
