Question: The main object of damages for breach of contract is to put the plaintiff 'so far as money can do it … in the same situation … as if the contract had been performed' (Robinson v Harman (1848)).
Explain how this principle operates in practice, and discuss any exceptions that there may be to it.
Answer: The general principle of contractual damages is as stated in Robinson v Harman, and is in contrast to the position in tort, where the approach is normally to put the plaintiff in the position as if the tortious act had not taken place. The contract approach is generally described as protecting the plaintiff’s ‘expectation interest’. This means that the plaintiff can recover for lost profits on the transaction, as well as consequential losses flowing from the breach......(short extract)
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Details: - Mark: 72% | Course: Contract Law | Year: 2nd/3rd | Words: 1534 | References: No | Date written: November, 1998 | Date submitted: November 30, 2009 | Coursework ID: 533
