How have courts treated common law damages for breach of contract?
British Columbia, Canada
The following excerpt is from Fletton Ltd. v. Peat Marwick Ltd., 1988 CanLII 2860 (BC CA):
Next the plaintiff cited the decision in Bosaid v. Andry, [1963] V.R. 465. The court found there was a contract between the parties for the sale of property. Sholl J. held that as specific performance could have been given, therefore the plaintiff was entitled to damages in lieu of specific performance. Sholl J. went on at p. 490 to say in obiter that with respect to common law damages he would have allowed the plaintiff to: … revive that breach, or to treat it as still available, and do not insist on his waiting for a fresh one.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
What is the difference between an action in tort for breach of the common law duty of care and a contract in which a party is liable for damages? (British Columbia, Canada)
Does the fact that there is no provision that considers the respondent’s failure to perform his obligations in breach of contract preclude the applicant from seeking damages for non-performance of the contract? (British Columbia, Canada)
Does the difficulty of making a fair assessment of damages under the common law head of damages for personal injury be sufficient to relieve the court of its duty to do so? (British Columbia, Canada)
Can a court award damages for mental distress for emotional distress resulting from a breach of contract? (British Columbia, Canada)
Is a defaulting trustee liable for damages for breach of trust that are not limited to common law damages? (British Columbia, Canada)
What are the damages for damages for breach of contract? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What is the legal test for terminating a contract where a party elects to treat a breach as discharging him from his obligations? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
