What is the test for a claim for breach of contract?
Ontario, Canada
The following excerpt is from Robotham v. WestJet Airlines, 2014 ONSC 3141 (CanLII):
In a claim for breach of contract, the question is whether the damages were within the reasonable contemplation of the parties at the time the contract was made: see Hadley v. Baxendale, [1843-60] All ER Rep at 461: 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 as 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.
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