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Straightforward guidance across a range of topics
- Business disputes
- Remedies
Damages
Generally, damages are compensatory in nature. Damages are viewed as a “substitute” for performance. Consequently, they are designed to put the non-defaulting party in the position they would have been in had the contract been performed.
An award of damages will be made if:
- • there has been a breach of contract;
- • loss or injury has occurred as a result of the breach of contract; and
- • the loss or damage is not too remote from the breach of contract.
See Damages.
