What is the test for remoteness in a contract?

Alberta, Canada


The following excerpt is from Stan's Power Tong Service v. Argus Machine Co., 1986 CanLII 1981 (AB QB):

It would seem though that the proper matter of a test for remoteness is in the case of Hadley v. Baxendale (1854), 9 Ex. 341; 156 E.R. 145: "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."

Other Questions


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)
Is a contract enforceable for breach of contract when the contract is not enforceable? (Alberta, Canada)
Is a contract that specifically contemplates the execution of a formal contract valid? (Alberta, Canada)
Can facts establish a breach of contract and arise from carelessness in the performance of the contract? (Alberta, Canada)
Can an assignee or assignee of a vendor under a conditional sales contract, and if so, what are the consequences if the vendor decides to cancel the contract? (Alberta, Canada)
How have the courts interpreted the meaning of the word "contract" in the context of an enforceable contract? (Alberta, Canada)
How has contract law been interpreted in the context of tenders in construction contracts? (Alberta, Canada)
What is the meaning of a contract law case in contract law? (Alberta, Canada)
What is the test for a contract where a party contracts to cut for a quantity of wood and haul and deliver the wood at a time and to a place mentioned? (Alberta, Canada)
Does an agent have to be personally liable on a contract where the principal of the contract is not personally liable? (Alberta, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.