Damages for breach of contract for sale of development property

Portbury Development Co Pty Ltd v Mackali considered the requirements of a notice of rescission of a contract of sale of a development property and an assessment of the Vendor’s damages.

It is fundamental that damages for breach of contract are awarded in order to place the injured party, so far as money can do it, in the same situation as if the contract had not been breached but had been performed.  Thus, the basic measure of damages is constituted by the difference between the position, in which the plaintiff would have been, if the defendant had performed the contract of sale, and the position which has resulted as a consequence of the defendant failing to complete the contract of sale.


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