Rethinking the Law of Contract Damages
Show Less

Rethinking the Law of Contract Damages

Victor P. Goldberg

In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 11: Consequential damages and exclusion clauses, UK

Victor P. Goldberg

Abstract

It is common for contracts to include clauses disclaiming liability for consequential damages. The boundary between consequential damages and normal damages has been unclear in England. Courts have invoked the two limbs of Hadley v Baxendale arguing that damages in the first limb are normal and, therefore, not excluded. This chapter argues that the courts have drawn the line at damages that arise “directly and naturally” and that this is the wrong boundary. It traces the development of the law from 1934 to the present; only in recent years have the courts questioned the framework and been more willing to enforce the exclusion clauses.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.