Question

Which of the following statements is/are correct about when damages may be awaded to a plaintiff for a breach of contract

A. The defendant must have an inequitable gain from the breach.

B. The breach of contract generally must have caused a financial loss to the plantiff.

C.The loss caused by the breach of contract must have arisen naturally from the breach of contract.

D The loss caused by the breach of contract must have been within the contemplation of the parties, when the contract was made, as a probable result of the breach.

E The plaintiff must have done whatever was reasonably possible to minimise the losses caused by the breach.

a. All of A B C D and E.

b. A B C and D

c. B C D and E

d.Only B C and D

e.Only B

Answer 1

Answer is option (c) i.e. B,C,D,E points are correct to claim damages by plantiff.

Point (A) in not correct because it is not relevent that the Defendent must have an inequitable gain from the breach, the relevent thing is whether the loss caused to the plantiff and Written in the contract inception and actual loss should be arised due to contract and there is no other alternative use to the plantiff of product or services of that i.e.the plaintiff must have done whatever was reasonably possible to minimise the losses caused by the breach.