What are the right days for determining damages in a commercial contract?
Saskatchewan, Canada
The following excerpt is from Glenn v. Schaefer, 1911 CanLII 171 (SK QB):
Channell, B.:— “The time when a contract is broken is one thing, the time when it is to be performed may be quite another. Here it was to be performed by three separate deliveries of goods on specified days. And under these circumstances, in order to measure the damages, resort must be had to each final day of performance. The cases of Boorman v, Nash and Joshing v. Irvine are express on this point. The right days, therefore, for ascertaining the damages were the 30th of September, the 31st of October, and 30th of November, respectively, and the total recoverable is the sum of the differences on those days.”
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