Wednesday
February, 4

Suit for Damages for Breach of Contract: How Courts Calculate Loss

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When a contract is broken, the usual civil remedy is a suit for damages. The idea is not to punish the breaching party, but to put the innocent party in the position they would have been in if the contract had been performed properly.

Courts generally look at a few things. First, they check whether there was a valid contract, a clear breach, and actual loss. Mere technical breach without real damage often leads to only nominal compensation. Then they ask: was the loss foreseeable at the time of entering into the contract? If the loss is too remote or unusual, the court may refuse to award it.

There are different types of damages:

  • Direct / general damages – the obvious loss flowing from the breach,
  • Consequential / special damages – extra loss which must be specifically proved,
  • Sometimes liquidated damages – pre-agreed amount in the contract itself.

The injured party also has a duty to mitigate – they can’t just sit idle and let the loss grow. For example, if a supplier fails to deliver goods, the buyer should try to arrange goods from another source instead of simply waiting and claiming huge losses.

So, winning a damages suit is not only about saying “I suffered a loss”, it’s about showing how much, with documents, invoices, and a clear story that makes sense to a judge.

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