What is the test for damages when a contract is breached?

Alberta, Canada


The following excerpt is from Nesi Energy Marketing Canada Ltd. (Trustee of) v. NGL Supply (Gas) Co. Ltd., 1999 ABQB 93 (CanLII):

We must also remember the fundamental rule laid down in Hadley v. Baxendale that the measure of damages is the amount of loss that was reasonably contemplated by the parties at the time of making the contract as being the probable result of breach. In other words, damages are measured according by those consequences of breach which the parties as reasonable people would, if they had thought about it, have foreseen and accepted as natural and probable: Biggin v. Permanite, [1951] 1 K.B. 422 at 433, per Devlin J.

Other Questions


What is the legal test for damages for psychological damage arising from a breach of contract? (Alberta, Canada)
Is a contract enforceable for breach of contract when the contract is not enforceable? (Alberta, Canada)
Is a penalty or liquidated damages for breach of contract enforceable? (Alberta, Canada)
In what circumstances will a party be bound by the elements of a contract where the contract is not enforceable when the contract was signed? (Alberta, Canada)
Can facts establish a breach of contract and arise from carelessness in the performance of the contract? (Alberta, Canada)
What is the test for pre-judgment interest in assessing damages for breach of contract? (Alberta, Canada)
What is the test for determining the measure of damages for breach of contract? (Alberta, Canada)
What is the quantum of damages available to a plaintiff for breach of contract? (Alberta, Canada)
How have courts interpreted the test for assessing damages for breach of contract? (Alberta, Canada)
What is the legal test for damages for damage caused by a breach of the law by a party to a property? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.