contractual damages

We kept the down payment as contractual damages.

Contractual damages may include both expectation and reliance losses.

The claimant should keep contractual damages separate from delictual damages.

Contractual damages (patrimonial loss from the breach of promise) are calculated on the basis of positive interest.

Hadley v Baxendale (1854) - Defined the scope of contractual damages in English law.

If there are any pre transfer dismissals connected with the sale - liability to pay contractual damages redundancy etc may pass to the purchaser.

A party can be held liable for contractual damages if the impossibility was contemplated, or if the party warranted that performance was possible.

A distinction is made between positive interesse, which applies to contractual damages, and negative interesse, which applies to delictual ones.

Sepheri v Scanlan sets out some of the factors to be considered in assessing contractual damages, among them engagement for a long period of years, constant travel and possibly community of property.

By statute, Virginia has established that such defenses can be raised in response to a contractual damages claim, and that the defendant may even recover damages in excess of the plaintiff's claim.

In light of the contractual damages awarded, the court determined that it would be inappropriate to make an additional award in respect of conduct "which for all its emotional pyrotechnics was an inevitable consequence of ferocious litigation."

In the case of an innocent misrepresentation, there can be no claim for delictual damages, since the misrepresentation was made without fault; nor a claim for contractual damages, since there is no breach of contract-unless, that is, the representation was warranted to be true.

Most U.S. jurisdictions view the breach of the implied covenant of good faith and fair dealing solely as a variant of breach of contract, in which the implied covenant is merely a "gap-filler" that provides yet another contractual term, and breach thereof simply gives rise to ordinary contractual damages.