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- Title
CLAIMS FOR THE VALUE OF THE LOST CONTRACTUAL PERFORMANCE.
- Authors
WINTERTON, DAVID
- Abstract
It is often said that contractual damages awards compensate the promisee for loss caused by breach. Statements like this are indeterminate because they leave unspecified whether such awards aim merely to make good some of the eventual deterioration in the promisee's balance sheet position attributable to breach or instead redress the immediate loss of performance entailed by the breach itself. This article demonstrates that Anglo-Australian law recognises both of these claims and defends the High Court's emphatic recognition of this proposition in Clark v Macourt.
- Subjects
BREACH of contract; FINANCIAL statements; LEGAL claims
- Publication
University of Western Australia Law Review, 2019, Vol 45, Issue 1, p75
- ISSN
0042-0328
- Publication type
Article