Jersey Judgment

Snell v Thacker [2007] JLR_Note 2 (16 November 2006)

Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

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Professional case brief

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Holding and result

The appropriate measure of damages in contract is to compensate the claimant for losses directly resulting from the breach, restoring them to the position they would have occupied had the contract been performed.

Material facts

Parties

Snell

Applicant

Thacker

Respondent

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

What is the appropriate measure of damages in a contract dispute?

Court’s reasoning

Legal principles

01
general contract law

Damages for breach of contract are assessed to place the claimant in the position they would have been in had the contract been performed.

Ratio, limits and disposition

Ratio decidendi

The appropriate measure of damages in contract is to compensate the claimant for losses directly resulting from the breach, restoring them to the position they would have occupied had the contract been performed.

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Judgment

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