ABSTRACT

Damages is the common law remedy for breach of contract. It consists of a payment of money. The purpose of damages in the law of contract is to put the injured party in the position he would have been in if the contract had been carried out. In Sunley v Cunard White Star (1940), D agreed to carry a machine belonging to P to Guernsey. However, the machine was delivered a week late. P were not able to show that they had an immediate use for the machine and were, therefore, not able to show that they had lost any profit. Held: P were entitled to £20, representing one week’s depreciation of the machine, and the sum of £10 as interest on the capital cost.