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Measure of damages under English law
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Measure of damages under English law : ウィキペディア英語版
Measure of damages under English law
Damages for breach of contract is a common law remedy, available as of right.〔''Robinson v Harman'' (1848) 1 Exch 850 at 855 (WorldLII )〕 It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned by the plaintiff, only nominal damages will be awarded.
A victim will not necessarily recover every loss which flows from the breach by the defendant. In order to recover any damages, the losses suffered by the victim must be caused by the defendant, and not be too remote. Further, the plaintiff has a duty to mitigate his losses.
==Amount of damages==
The amount of damages a plaintiff would recover is usually measured at the ‘loss of bargain’ basis. For example,
* Causation and Contributory Negligence
* Remoteness
*
* Timing of the assessment of damages

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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