Common law remedies
In this lesson, you'll learn what damages are and how they work as the primary common law remedy for breach of contract. Damages aim to put you back in the position you would have been if the breach had never occurred—they're compensatory, not punitive.
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In this lesson
- 0:00 Introduction to breach of contract damages
- 0:25 What damages means and compensation principle
- 1:13 Remoteness rule and causation of loss
- 2:43 Hadley v Baxendale case and foreseeability test
- 4:10 How damages are measured and calculated
- 5:02 Non-financial losses and the Jarvis case
- 6:23 Mitigation of loss requirement
- 7:14 Liquidated damages versus penalty clauses
- 8:38 Genuine pre-estimate and enforcement rules
- 9:39 Dunlop case and proportionality principle
- 10:57 Action for the price and quantum meruit remedies
About this lesson
You'll explore the key principles that govern when and how much you can claim: remoteness (losses must arise naturally from the breach and be reasonably foreseeable to both parties), measure (compensation is based on financial losses at equivalent market price), and mitigation (you must take reasonable steps to reduce your loss). The lesson also covers liquidated damages and penalty clauses, explaining how courts distinguish between a genuine pre-estimate of loss (which is enforceable) and an onerous penalty (which is thrown out), plus other remedies like action for the price and quantum meruit. This content is essential for Corporate and Business Law and underpins your understanding of contract enforcement across ACCA and CIMA qualifications.
Duration: 12m
Transcript
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