What is the current state of the law on damages for breach of contract of sale?
British Columbia, Canada
The following excerpt is from Comet Investments Ltd. v. Northwind Logging Ltd., 1998 CanLII 3903 (BC SC):
The case on point in this issue is Semelhago v. Paramadaven (1996), 1996 CanLII 209 (SCC), 3 R.P.R. (3d) 1 (S.C.C.). In that case, the court held that damages are the normal remedy for breach of contract of sale, unless the item being purchased is of a unique nature, in which case specific performance is appropriate. C. CONCLUSION
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
What is the current state of the law in Canada when a contract states that a particular law governs the contract? (British Columbia, Canada)
What is the test for determining whether a contract is enforceable in circumstances where the contract states that a particular law will govern the contract? (British Columbia, Canada)
What is the test for the construction of a contract where a clause in the contract states that a condition fundamental to the agreement must be met before the contract can be signed? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
What are the damages for damages for breach of contract? (British Columbia, Canada)
What is the test for punitive damages in a breach of contract case? (British Columbia, Canada)
Is replacement cost the proper measure for damages in a breach of contract case? (British Columbia, Canada)
What is the test for repaying a contract where a party has been found to have committed a breach of the contract? (British Columbia, Canada)
What is the current state of the law on damages for whiplash? (British Columbia, Canada)
