Law 5110 Study Guide - Quiz Guide: Specific Performance, Damages, Clean Hands
Document Summary
Hayes v dodd [1990] 2 all er 815, at 825, per lj purchas. The measure of damages is that figure which, so far as is practical in the circumstances, achieves the maximum restitutio in integrum. The general measure of damages is such sum as will put the aggrieved party as nearly as possible into the position in which it would have been if the contract had been duly performed. Such damages cover the loss which the aggrieved party has suffered and the gain of which it has been deprived. Court nonetheless awards a nominal sum as damages. Important because it represents the important legal position that: That a party is in the wrong and has not performed obligations under the contract. This legal position can be used to support a claim in another civil action such. Compensation for breach fixed by parties to the contract before formation of contract. Must represent an accurate and proper assessment of loss.
