Remedies for breach: is expectation loss still the default measure?
Critically evaluate whether expectation loss remains the appropriate default measure of damages in commercial contract disputes, with reference to at least two Court of Appeal decisions.
"The orthodox position places expectation loss at the centre of contractual remedy, and the doctrinal reasoning for that is well settled. The difficulty is not the principle but its application where the expectation itself is speculative — and it is in that gap that the recent authorities are most instructive rather than most consistent…"
- Engages the word "evaluate" rather than describing the doctrine
- Two or more Court of Appeal authorities used, not merely cited
- OSCOLA footnotes with pinpoints throughout