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Which of the following statements is correct?
- a)Ordinary damages are recoverable.
- b)Special damage are recoverable only if the parties knew about them.
- c)Remote or indirect damages are not recoverable.
- d)All of these.
Correct answer is option 'D'. Can you explain this answer?
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Most Upvoted Answer
Which of the following statements is correct?a)Ordinary damages are re...
Correct Statement:
D: All of these.
Detailed
The correct statement among the given options is D: All of these. Let's break down each statement and explain why it is correct:
A: Ordinary damages are recoverable:
- Ordinary damages refer to the direct and natural consequences of a breach of contract.
- These damages are generally recoverable by the injured party.
- For example, if a party fails to deliver goods as per the contract, the other party can claim ordinary damages for the loss suffered.
B: Special damages are recoverable only if the parties knew about them:
- Special damages refer to the specific losses that are not directly caused by the breach, but are reasonably foreseeable by the parties at the time of entering into the contract.
- To recover special damages, the party claiming them must prove that both parties knew or should have known about these damages at the time of contract formation.
- For example, if a party fails to deliver goods on time, resulting in the loss of a lucrative business opportunity for the other party, the latter can claim special damages if it can prove that the breaching party was aware of this opportunity.
C: Remote or indirect damages are not recoverable:
- Remote or indirect damages refer to losses that are not reasonably foreseeable by the parties at the time of entering into the contract.
- These damages are generally not recoverable as they are considered too speculative or too remote.
- For example, if a party fails to deliver goods on time, resulting in a loss of reputation for the other party, the latter may not be able to claim remote or indirect damages as it may be difficult to establish the causal connection between the breach and the loss of reputation.
Therefore, all of the given statements - A, B, and C - are correct, and the correct answer is D: All of these.
D: All of these.
Detailed
The correct statement among the given options is D: All of these. Let's break down each statement and explain why it is correct:
A: Ordinary damages are recoverable:
- Ordinary damages refer to the direct and natural consequences of a breach of contract.
- These damages are generally recoverable by the injured party.
- For example, if a party fails to deliver goods as per the contract, the other party can claim ordinary damages for the loss suffered.
B: Special damages are recoverable only if the parties knew about them:
- Special damages refer to the specific losses that are not directly caused by the breach, but are reasonably foreseeable by the parties at the time of entering into the contract.
- To recover special damages, the party claiming them must prove that both parties knew or should have known about these damages at the time of contract formation.
- For example, if a party fails to deliver goods on time, resulting in the loss of a lucrative business opportunity for the other party, the latter can claim special damages if it can prove that the breaching party was aware of this opportunity.
C: Remote or indirect damages are not recoverable:
- Remote or indirect damages refer to losses that are not reasonably foreseeable by the parties at the time of entering into the contract.
- These damages are generally not recoverable as they are considered too speculative or too remote.
- For example, if a party fails to deliver goods on time, resulting in a loss of reputation for the other party, the latter may not be able to claim remote or indirect damages as it may be difficult to establish the causal connection between the breach and the loss of reputation.
Therefore, all of the given statements - A, B, and C - are correct, and the correct answer is D: All of these.
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Community Answer
Which of the following statements is correct?a)Ordinary damages are re...
Overview:
This question is related to the concept of damages in contract law. Damages refer to the monetary compensation awarded to a party who has suffered a loss due to a breach of contract by the other party. The options given in the question refer to different types of damages and their recoverability.
Detailed Explanation:
The correct answer to this question is option 'D' - All of these. This means that all the statements mentioned in the options are correct.
Ordinary damages:
- Ordinary damages are recoverable.
- Ordinary damages are commonly referred to as general damages.
- These damages are the natural and probable consequence of a breach of contract.
- They arise naturally from the breach and do not require any special circumstance to be proved.
Special damages:
- Special damages are also recoverable.
- Special damages are also known as consequential damages.
- These damages do not arise naturally from the breach but are caused by the special circumstances of the case.
- To recover special damages, the party claiming them must prove that both parties knew or should have known about the special circumstances.
Remote or indirect damages:
- Remote or indirect damages are generally not recoverable.
- These damages are those that are not directly caused by the breach of contract but are of a more remote or indirect nature.
- To recover remote damages, the party claiming them must prove that the breaching party had knowledge of the special circumstances that would cause such damages.
Conclusion:
In conclusion, all the statements mentioned in the options are correct. Ordinary damages and special damages are recoverable, while remote or indirect damages are generally not recoverable unless the parties had knowledge of them. It is important to note that the recoverability of damages may vary depending on the specific circumstances of the case and the applicable laws.
This question is related to the concept of damages in contract law. Damages refer to the monetary compensation awarded to a party who has suffered a loss due to a breach of contract by the other party. The options given in the question refer to different types of damages and their recoverability.
Detailed Explanation:
The correct answer to this question is option 'D' - All of these. This means that all the statements mentioned in the options are correct.
Ordinary damages:
- Ordinary damages are recoverable.
- Ordinary damages are commonly referred to as general damages.
- These damages are the natural and probable consequence of a breach of contract.
- They arise naturally from the breach and do not require any special circumstance to be proved.
Special damages:
- Special damages are also recoverable.
- Special damages are also known as consequential damages.
- These damages do not arise naturally from the breach but are caused by the special circumstances of the case.
- To recover special damages, the party claiming them must prove that both parties knew or should have known about the special circumstances.
Remote or indirect damages:
- Remote or indirect damages are generally not recoverable.
- These damages are those that are not directly caused by the breach of contract but are of a more remote or indirect nature.
- To recover remote damages, the party claiming them must prove that the breaching party had knowledge of the special circumstances that would cause such damages.
Conclusion:
In conclusion, all the statements mentioned in the options are correct. Ordinary damages and special damages are recoverable, while remote or indirect damages are generally not recoverable unless the parties had knowledge of them. It is important to note that the recoverability of damages may vary depending on the specific circumstances of the case and the applicable laws.
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Which of the following statements is correct?a)Ordinary damages are recoverable.b)Special damage are recoverable only if the parties knew about them.c)Remote or indirect damages are not recoverable.d)All of these.Correct answer is option 'D'. Can you explain this answer?
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