ABSTRACT

Damages represent the principal means by which the law provides a remedy to a person who suffers loss or harm as a consequence of another's breach of contract or tort. This chapter deals with the principles that apply in the recovery of damages for breach of contract, in tort, and for breach of the statutory prohibition on misleading or deceptive conduct in trade or commerce. The purpose of an award of damages, for breach of contract, is to put the innocent party in the position he would have been in had the contract been performed and not broken. Contractual damages may be characterised in a number of ways, depending upon the type of loss that the claimant has suffered as a consequence of another's breach of contract. Two categories of damages are considered below. The first is expectation damages, and the second is reliance damages.