Legal terms explained: No loss arguments

Generally, damages for breach of contract are intended to compensate the claimant for the damage, loss or injury suffered. However, a defendant may seek to argue that the claimant has suffered no loss as a result of the defendant’s breach of contract, or is not the party who has suffered the loss claimed. Such arguments are often referred to as ‘no loss arguments’ and, where they succeed, the claimant cannot typically recover more than nominal damages.

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