Breach of Contract

Damages for Breach of Contract

The purpose of a claim and a subsequent award for damages for breach of contract is to compensate the injured party for their loss.  The general rule is that damages should (so far as a monetary award can do it) place the Claimant in the same position as if the contract had been performed (Robinson -v- Harman) (1848) (1 Ex 850).

Damages for breach of contract are therefore primarily compensatory and measure the actual loss caused by the breach.  A Court will look at the position the Claimant would have been in if the breach hadn't have happened and, if a Claimant is successful, they will make an award to compensate for that figure.

A claim for damages for breach of contract can be made by an employer if an employee who is required to give say three or six months’ notice, leaves giving either no notice or short notice and the employer is put to the additional time, trouble and expense to bring in a contractor to fill the gap left by the employee during the notice period.

If your Business is facing a Breach of Contract claim, call us on 0161 785 3500 and we can let you know how we can help.