Question: Does the market rule of damages assessment used in the sale of goods offend the fundamental principle that damages are designed to compensate for a loss caused by the defendant's breach of contract? 68%
Answer: A fundamental principle of damages is that the remedy should be sufficient to place the injured party in the position he would have occupied but for the wrong he has suffered. Judges and academics have continually debated the efficacy of the market rule of damages in this context. There are academics such as Bridge that argue the market rule offends the principle of compensation. Lord Moulton contends that this rule does not. This essay joins the debate. It scrutinises the areas of tension and cohesion between market rule damages and a claimant\'s actual loss, and will do so by assessing the rule through both a theoretical and practical lens, specifically with a focus on resale contracts and assessment of the \'available market\'. This essay will contend throughout that while the ......(short extract)
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Details: - Mark: 68% | Course: Commercial Law | Year: 2nd/3rd | Words: 1449 | References: Yes | Date written: July, 2011 | Date submitted: May 02, 2013 | Coursework ID: 789
