Damages for breach must show there was a breach causing loss and not too remote.

Prepare for the CILEx Civil Practice (Level 7) Test. Enhance your study with comprehensive quizzes and multiple choice questions, each with hints and clarity. Get exam-ready!

Multiple Choice

Damages for breach must show there was a breach causing loss and not too remote.

Explanation:
The key idea is that recovering damages for breach of contract requires a link between the breach and a loss, plus the loss must not be too remote. In other words, you must show that the breach caused a quantifiable loss and that the loss was a foreseeable consequence of rushing into the breach at the time the contract was made. If there’s no connection between the breach and the loss, there’s no basis for damages; if the loss is too remote, damages won’t be allowed even if a breach occurred. The option that combines both elements—causation of loss by the breach and a not-too-remote (foreseeable) consequence—best captures this rule. The fact that the breach occurred is not enough on its own, and the breach being intentional is not a requirement, since damages can arise from any breach, intentional or not. Rescinding the contract is a separate remedy, not a prerequisite for recovering damages.

The key idea is that recovering damages for breach of contract requires a link between the breach and a loss, plus the loss must not be too remote. In other words, you must show that the breach caused a quantifiable loss and that the loss was a foreseeable consequence of rushing into the breach at the time the contract was made. If there’s no connection between the breach and the loss, there’s no basis for damages; if the loss is too remote, damages won’t be allowed even if a breach occurred. The option that combines both elements—causation of loss by the breach and a not-too-remote (foreseeable) consequence—best captures this rule. The fact that the breach occurred is not enough on its own, and the breach being intentional is not a requirement, since damages can arise from any breach, intentional or not. Rescinding the contract is a separate remedy, not a prerequisite for recovering damages.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy