What is the quantum of damages for breach of contract?

Nova Scotia, Canada


The following excerpt is from Kocken Energy Systems Inc. v. Fulton Engineered Specialities Inc., 2017 NSSC 103 (CanLII):

In Hadley v. Baxendale (1854), 9 Ex. 341, 156 E.R. 145, the court set out this rule: Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it. Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.

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