Negotiating damages for breach of contract after Morris-Garner v One Step

Abstract

ABSTRACT Recent developments in the law of contract have led to a renewed interest in the concept of negotiating damages. The Supreme Court in Morris-Garner v One Step held that such damages may be awarded for breach of contract where the loss can be assessed appropriately by reference to the economic value of the right infringed. Such a right is considered a valuable asset of which the claimant is deprived by reason of the defendant’s breach. This paper examines negotiating damages in light of the recent decision in Morris-Garner v One Step.