What is the test for damages in a contract where the contract was not signed?
British Columbia, Canada
The following excerpt is from Neidermayer v. Gillies, 2012 BCSC 143 (CanLII):
The plaintiffs claimed damages that would put them in the position they would have been in had the contract been performed as agreed. They recognize that rescission is no longer an option and so argue for damages on the following basis: a. the purpose of damages is to put the plaintiff in the same position as he would have been at the tort not occurred, to the extent money can; and b. damages must be reasonable to both the plaintiff and to the defendant Nan v. Black Pine Manufacturing Ltd.1991 CanLII 1144(BCCA) at pg 3
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