King's Bench
Sir T. Raym 77 (1664)
Facts:
- Def. agreed to let plaintiff use iron mills for 10l. for six months
- Iron mills only worth 20l. per annum
- Damages were 500l. due to loss of stock laid in
Can special damages be awarded?
Holding: Yes. Jury not bound to only give 10l. but also all the special damages (i.e., the loss and including incidental damages caused by breach)
RESTATEMENT (SECOND) OF CONTRACTS
§347. MEASURE OF DAMAGES IN GENERAL
Subject to the limitations...the injured party has a right to damages based on his expectation interest as measured by
(a) the loss in value to him of the other party's performance caused by its failure or deficiency, plus
(b) any other loss, including incidentals or consequential loss, caused by the breach, less
(c) any cost or other loss that he has avoided by not having to perform
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