Part Two Compensation, s.Two Damages for the Different Types of Loss, 10 Pecuniary loss (except consequent on personal injury, death, or loss of reputation)
Andrew Burrows QC FBA
- Breach of contract — Remedies for breach of contract — Loss of profit and damages
This chapter discusses the law on pecuniary loss. Breach of contract damages are normally sought and awarded for this type of loss. Thus, there are different ways of analysing and subdividing it. The approach adopted here will be to divide between basic pecuniary loss, which focuses on the benefit to which the claimant was contractually entitled and of which it has been wholly or partially deprived by the defendant’s breach; and additional pecuniary loss. On the other hand, for torts, where the central focus is on wrongful interference rather than a failure to benefit, it has been considered more helpful to adopt a division which gives some flavour of the interference in question. This type of tortious pecuniary loss is examined under three heads: damage to property, including destruction; wrongful interference with goods or land, other than causing property damage; and pure economic loss.