Generally, which of the following damages are not recoverable?a)Ordina...
Damages that are not recoverable
Remote damages are not recoverable as they are too far removed from the breach of contract. These damages are not a natural consequence of the breach of contract and are not foreseeable by the parties at the time of entering into the contract.
Explanation:
a) Ordinary damages: Ordinary damages are the damages that flow naturally from the breach of contract. These damages are also known as general damages and are recoverable if they are foreseeable by the parties at the time of entering into the contract. For example, if a seller breaches a contract to deliver goods to a buyer, the buyer can claim damages for the cost of buying the goods from another seller.
b) Special damages: Special damages are the damages that do not flow naturally from the breach of contract but arise from the special circumstances of the case. These damages are also known as consequential damages and are recoverable if they are foreseeable by the parties at the time of entering into the contract. For example, if a seller breaches a contract to deliver goods to a buyer, and the buyer loses a specific business contract as a result of the breach, the buyer can claim damages for the loss of the business contract.
c) Remote damages: Remote damages are the damages that are too far removed from the breach of contract. These damages are not a natural consequence of the breach of contract and are not foreseeable by the parties at the time of entering into the contract. For example, if a seller breaches a contract to deliver goods to a buyer, and the buyer's factory is destroyed in a fire before the goods are delivered, the buyer cannot claim damages for the loss of the factory as it is too remote from the breach of contract.
d) Nominal damages: Nominal damages are the damages that are awarded to the aggrieved party to vindicate their legal rights. These damages are awarded even if the aggrieved party has not suffered any actual loss as a result of the breach of contract. For example, if a seller breaches a contract to deliver goods to a buyer, and the buyer has not suffered any actual loss, the buyer can claim nominal damages to vindicate their legal rights.
Generally, which of the following damages are not recoverable?a)Ordina...
Section 73 para 2 of indian contract act 1872 ,lays down that remote and indirect damages can not be recovered.