header-logo header-logo

15 May 2026 / Ian Gascoigne
Issue: 8161 / Categories: Features , Contract , Damages
printer mail-detail

Beyond the date of breach

249518
© Getty images
The date-of-breach rule remains central to contractual damages, yet courts continue to recognise important exceptions: Ian Gascoigne explores the evolving case law
  • Although contractual damages are usually assessed at the date of breach, courts may exceptionally take account of later events where ignoring them would overcompensate or undercompensate the innocent party.
  • Recent cases show that post-breach events are most likely to affect damages in continuing contracts, anticipatory breach situations and share sale warranty claims, but the courts remain cautious about relying impermissibly on hindsight.

Every law student learns that the loss of the victim of a breach of contract is assessed at the date of the breach. It is a clear and certain rule that makes it easier for advisers of a victim to calculate how much their client should recover. It is certain, except there are exceptions. In some situations, in assessing loss a court can reflect in the level of compensation events which happen after breach of contract occurred. One reason for an exception is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll