Where two parties have made a contract which one of them later breaks, the foreseeable damages which the other party should receive due to the breach should be considered as reasonably:
Courts have generally recognized three important rules in applying the principle of foreseeability:
Suppose that party A makes a contract with party B. The agreement is that party B will deliver a car to party A at party A’s house by a specific date. Party A informs party B that A needs the car by that date so that A can show the car off at a car show. B fails to deliver the car by the date.
In the situation described above, B would not only be liable for not delivering the car on time, B would also be responsible for lost profits since B knew that A needed the car to be in the show. If A had not given B that information, the lost profits would not have been foreseeable by B (assuming that A could prove exactly how much profits were lost).
Thus, sharing information in contract negotiations creates foreseeability and thus liability in the other party for breach of contract. Although there are situations where disclosure of information might not be a good idea, in general foreseeability creates an incentive for disclosure in the parties involved in an agreement.
In many contracts, it is foreseeable by both parties that breach of a contract would cause emotional distress. Such distress would also be a natural and reasonable consequence of the breach. The emotional distress would also not be part of a claim in court. For example, the loss of a job would likely cause emotional distress in an employee, but courts have ruled that breach of employment contract cannot include emotional distress since allowing liability for such distress would create too much litigation in the legal system.
The only exceptions are if the breach also caused bodily harm or if the breach is of a kind that serious emotional distress was a particularly likely result. Breaching a promise to marriage, for example, is one of the only breaches where emotional distress alone could carry the case.
If you are involved with a breach of contract matter, and there’s a dispute over the foresseability of the requested damages, you may find the advice of a business attorney extremely helpful. Due to the complex nature of contract law the assistance of an experienced business attorney can be extremely beneficial when establishing your case.
Last Modified: 12-19-2013 10:23 AM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.