ABSTRACT
A further method of distinguishing contractual obligations from those which exist in other branches of obligations law is to consider what interests are protected by a particular set of rules. Generally, it is said that the law of contract is primarily concerned with the claimant’s expectation interest. Accordingly, the normal measure of damages for a breach of contract is concerned with protecting the claimant’s expectation that the defendant will carry out his undertakings. Accordingly, the claimant should be put in the position he would have been in had the contract been performed according to his expectations.20 This contrasts with the so called tortious measure of damages, which is concerned with restoring the status quo or putting the claimant in the position he was in before any wrong was committed by the defendant. It also differs from restitutionary remedies which are concerned with disgorging from the defendant the benefit he has derived at the claimant’s expense.21
