ABSTRACT
And must be a loss naturally arising from the breach or one in the contemplation of both parties when the contract was formed Hadley v Baxendale
A claimant can recover for loss of a valuable amenity Farley v Skinner
And even for an account of profi ts illegally gained Attorney-General v Blake
But the claimant has a duty to mitigate the loss British Westinghouse Electric and Manufacturing Co. Ltd v Underground Electric Railways Co. of London Ltd
Claimants can also recover for a ‘mental distress’ although this is generally limited to where the contract is one for pleasure Jackson v Horizon Holidays
For liquidated damages the sum must fairly represent an accurate assessment of the likely loss and not be a mere penalty Dunlop Pneumatic Tyre Co. v New Garage and Motor Co.
