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ASSESSMENT OF DAMAGES IN BREACH OF CONTRACT

Dictum

[A]s far back as 1854 in the case of Hadley v. Baxendale (1854) 9 Ex (Ch. 341, where at p. 354 of the Report, Alderson, B. expressed the law as follows: “Now we think the proper rule in such a case as the present is this: Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such a breach of contract should be such as may fairly and reasonably be considered either arising naturally, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.”

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DAMAGES ARE ALWAYS IN ISSUE

Damages are always in issue and so failure to deny them is not fatal: Re The Nigerian Produce Marketing Board v. Adewunmi (1972) 11 S.C. 111. — Edozie, JCA. British American v. Ekeoma & Anor. (1994) – CA/E/60/88 Was this dictum helpful? Yes 0 No 0...

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DAMAGES – DAMAGES FOLLOW EVENT

Damages are the sum of money which a person who has been wronged is entitled to receive from the wrong doer as compensation for loss or injury, hence, no loss or injury, no award of damages. It is clear that the award of damages follows events. See, MUSTAPHA v. ABUBAKAR & ORS. (2022) LPELR 41830...

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GENERAL VS SPECIAL DAMAGES

It is the law that general damages such as the law will presume to be the natural or probable consequence of the defendant’s act need not be specifically pleaded. It arises by inference of law and need not therefore be proved by evidence and may be averred generally. On the, other hand, special damage is...

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THE CONCEPT OF GENERAL DAMAGES & SPECIAL DAMAGES

In the legal parlance. General damages are regarded those damages that the law presumes to be direct, natural or probable consequence of the act complained of. On the other hand special damages’ are simply’ such damages which the law will not infer from the natural consequences of the act complained of. They must always be...

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WHAT IS DAMAGES? SPECIAL AND GENERAL

What then is damages generally? Damages are money claimed by or ordered to be paid to, a person as compensation for loss or injury. In other words, damages are the sum of money which a person wronged is entitled to receive from the wrongdoer as compensation for the wrong. General damages are damages that the...

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SPECIAL DAMAGES VS GENERAL DAMAGES

It is no longer a matter for contention that the principle in regard to the assessment and award of special damages is different from that of general damages: see Ijebu-Ode Local Govemment v.Adedeji Balogun & Co (1991) 1NWLR(Pt.166) 136 at p. 158; Eseigbe v.Agholor (1993) 9 NWLR (Pt.316) 128 at p. 145. In the former,...

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