Can a jury determine damages for breach of contract?

New Brunswick, Canada


The following excerpt is from Atlantic Mack Sales (NB-NS) v. CitiCapital Commercial Corporation, 2004 NBQB 272 (CanLII):

I accept the conclusion of Mahoney, J. in Wells v. Sanitary Products Ltd. [1995] N.J. No.338 and he says at paragraphs 9 and following: “In our view the bases of the claim and the damages sought do not support that conclusion. The pleadings in this case disclose that substantial legal questions are involved together with issues where legal questions and questions of fact are interwoven. It is apparent that complex questions of law and mixed law and fact will arise in the area of contract, wrongful dismissal and tort (negligence) law.” “The separate functions of a jury and a judge are clearly defined. Issues of fact including inferences from these facts and damages may properly be determined by a jury. Issues of law are left to a trial judge. A civil jury is inappropriate where the issues of fact are clearly interwoven with the issues of law or where the primary issues are issues of law, which is clearly the situation is this case.”

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