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Part Two Compensation, s.One General Principles in Assessing Compensatory Damages, 6 Contractual reliance damages

Andrew Burrows

From: Remedies for Torts, Breach of Contract, and Equitable Wrongs (4th Edition)

Andrew Burrows QC FBA

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. Subscriber: null; date: 07 June 2023

Remedies for breach of contract — Damages — Interest as damages

This chapter considers the law on damages for breach of contract protecting the reliance interest. For many years, the debate centred on whether the protection of the reliance interest for breach of contract was a more obvious measure of compensation than the usual protection of the claimant’s expectation interest. However, it now seems to be clear that that debate has tended to mislead, and that the idea that protection of the reliance interest is an alternative measure of damages is a myth. The chapter explains this and its implications, including that there can be no escape from a known bad bargain.

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