Remedies for breach of contract: damages and the assessment

Masum, Ahmad and Lilienthal, Gary and Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2024) Remedies for breach of contract: damages and the assessment. In: Contract Law in Malaysia. CLJ Malaysia Sdn Bhd, Ampang, Selangor, pp. 415-436. ISBN 978-967-457-199-3

PDF (Book Chapter) - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

A breach of contract is a civil wrong. Breach of a contract can also occasionally be a criminal offence,1 but in most cases, it will involve only civil liability. If a party fails to meet their obligations under the contract, then the innocent party will be able to pursue an action for damages to compensate them for their loss. Generally, there are two types of losses for which the plaintiff may claim damages, i.e., pecuniary losses and non-pecuniary losses. Pecuniary losses are losses that can be quantified in financial terms, such as loss of profits and expenses incurred, whereas non-pecuniary losses are losses that cannot be precisely stated in financial terms, such as pain and suffering, embracement, etc. A claim for damages is one for compensation in money for the fact that the claimant has not received the performance for which he bargained. It is always available, as of right, when a contract has been breached. An action for damages can succeed even though the claimant has not suffered any loss; in that event, it will result in an award of nominal damages. The governing purpose of damages has already been well settled, i.e., “to put the party whose rights have been violated in the same position, so far as money can do so, as if his rights had been observed”.2 It is, therefore, crucial to note from the beginning that the object of an award of damages is to place the plaintiff, so far as money can do it, in as good a position as he would have been had the defendant performed the contract.3

Item Type:	Book Chapter
Additional Information:	2924/115760
Uncontrolled Keywords:	remedies, breach of contract, damages, assessment
Subjects:	K Law > K Law (General) K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	03 Dec 2024 11:52
Last Modified:	12 Dec 2024 15:55
URI:	http://irep.iium.edu.my/id/eprint/115760

Actions (login required)

View Item