9084 · 3.4.1
Common law
**Common law remedies** (3.4.1) focus on compensating the innocent party for the loss of their bargain. This involves calculating damages based on expectation or reliance, subject to the key limiting factors of **remoteness** and **mitigation**.
Need to know
What you need to know
- The primary purpose of damages is compensatory, not punitive.
- Expectation loss aims to put the claimant in the position they would have been in had the contract been performed.
- The leading authority is Robinson v Harman (1848).
- This measure can cover lost profits, cost of cure, or diminution in value.
Explanation
Common law
- The primary purpose of damages is compensatory, not punitive.
- Expectation loss aims to put the claimant in the position they would have been in had the contract been performed.
- The leading authority is Robinson v Harman (1848).
- This measure can cover lost profits, cost of cure, or diminution in value.