More generally, I also think that lost profit or damages based on an increase in the capitalization ratios applied in the valuation of shopping centres after July 2004 is too remote. It does not fall within either of the two branches of the rule in Hadley v. Baxendale (1854), 9 Ex. 341 at p. 354, 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.
"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.