Which of the following is a valid form of defence to the claim for damages?

• A. The breach did not cause the loss
• B. The breach caused the loss
• C. The breach occurred after the loss
• D. The breach is not proven

Answer: (A)

The main idea here is causation in a damages claim. To recover damages for a breach, the claimant must show that the breach caused the loss. If the defendant can persuade the court that the breach did not cause the loss, there is no liability for damages. For example, even if there was a breach, if the loss would have occurred anyway due to other factors, the damages claim fails because the causal link is missing.

The other possibilities don’t fit as the best defence: claiming the breach caused the loss would support the damages claim rather than defeat it; saying the breach occurred after the loss doesn’t establish a valid defence because it breaks the causal link between the breach and the loss; and saying the breach is not proven is a procedural challenge, but the clearest substantive defence against a damages claim is that the breach did not cause the loss.