Damages

what is the purpose of claiming damages?

to compensate the claimant, not punish the defendant.

Remoteness:

Damages must be reasonably foreseeable OR naturally arise from the breach (Hadley v Baxendale; Victoria Laundry)

Ruxley v Forsyth; Anglia TV v Reed

Damages are assessed based on expectation loss (in other words the difference in value or cost of cure) and reliance loss (in other words, wasted expenditure in relying on the contract (Ruxley v Forsyth; Anglia TV v Reed)

Loss of amenity

loss of amenity (damages for reduced enjoyment) is usually granted when the cost of cure will be unreasonable and disproportionate to the benefit lost- Ruxley v Forsyth

Mental Distress

allowed in specific contracts, esp when the contract was entered to provide peace of mind or freedom from mental distress (Jarvis v Swan Tours; Heywood v Wellers)

Mitigation:

Claimant must take reasonable steps to reduce loss (Brace v Calder)