How have courts interpreted the test for assessing damages for breach of contract?
Alberta, Canada
The following excerpt is from Plaza Deli and Gift Shop v. Imbrook Properties Ltd., 1992 ABCA 106 (CanLII):
Vaughan Williams L.J. in Chaplin v. Hicks [1911] 2 K.B. 786 (C.A.) stated: "But the fact that damages cannot be assessed with certainty does not relieve the wrong-doer of the necessity of paying damages for his breach of contract." 792 Farwell L.J. agreed: "In my opinion the existence of a contingency, which is dependent on the volition of a third person, is not enough to justify us in saying that the damages are incapable of assessment." 799
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