ABSTRACT

This chapter argues that the general if by no means universal practice in the US of spending substantial time on remedies at start of courses on general principles of the law of contract should be adopted much more widely in Commonwealth. Even if some substantial time is allocated to remedies, the significance of the substitutionary remedy of compensatory damages being the default remedy may not emerge if the teaching is not properly focused. Having established that damages are by default compensation of lost expectation, it is necessary to turn to causation. A student coming to the subject typically may find it easy to accept that a defendant should be liable only for such loss as it has caused. The student is obliged to confront the central feature of the law of remedies that, as Farnsworth put it when summing up of the lesson of his magisterial survey of that law.