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Part Two Compensation, s.One General Principles in Assessing Compensatory Damages, 7 Principles limiting compensatory 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.date: 25 March 2023

Remedies for breach of contract — Remoteness and damages

This chapter discusses the five principles limiting compensatory damages for both torts and breach of contract. These are (i) remoteness—a claimant cannot succeed if the loss was too remote from the breach of duty; (ii) intervening cause—a claimant cannot succeed if an intervening cause is so much more responsible for the loss than the defendant’s breach of duty that it breaks the chain of causation between the breach of duty and the loss; (iii) the SAAMCO principle; (iv) the duty to mitigate—a claimant cannot succeed if subsequent to the tort or breach of contract he or she could reasonably have avoided the loss; and (v) contributory negligence—damages may be reduced where the claimant’s negligence has contributed to the claimant’s loss.

Tort, breach of contract, damages, remoteness, intervening cause, duty to mitigate, contributory negligence

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