Common Law Remedies are available against a person in breach of contract as of right
Common Law Remedies: damages are a sum of money paid to compensate the innocent party
Common Law Remedies put the claimant in the position they would’ve been in had the contract been performed.
limitations on awarding damages:
causation (Stansbie v Troman)
remoteness of damage (Hadley v Baxendale) (Victoria Laundry v Newman Industries)
mitigation of loss (British Westinghouse v Underground Electrical Railways)
liquidated damages (Dunlop v New Garage and Motor) (Parking Eye v Beavis)
causation:
breach of contract must be the main cause of C’s loss - but for test
’but for d’s breach of the contract, C would not have made the loss’ - Stansbie v Troman
remoteness of damage: law does not allow a claim for loss which is considered too remote from a consequence of the breach of contract (Hadley v Baxendale)