Legal Terms Explained: Consequential Loss

Where a contractual term has been breached, that may give rise to a claim for damages. The determination of the damages payable starts with a simple proposition: the party that sustains the loss by reason of the breach is ‘so far as money can do it, to be placed in the same situation with respect to damages, as if the contract had been performed’ (Robinson v Harman (1848) 1EX 850 at 855).

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