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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

  1. The primary purpose of damages is compensatory, not punitive.
  2. Expectation loss aims to put the claimant in the position they would have been in had the contract been performed.
  3. The leading authority is Robinson v Harman (1848).
  4. This measure can cover lost profits, cost of cure, or diminution in value.