ABSTRACT
Once a claimant has established that the defendant is in breach of contract, he will normally seek damages to compensate for the loss flowing from the breach. However, it does not follow that all the loss suffered in consequence of the other party’s breach will be recoverable. Three major factors may limit or exclude the claimant’s entitlement to damages. First, it must be established that the claimant’s loss was caused by the defendant’s breach which includes consideration of the issue of contributory fault on the part of the claimant; secondly, the loss suffered must not be too remote; and, thirdly, the claimant must have taken reasonable steps to mitigate that loss.
