Reme­dies for breach of lease terms

HT Estates - - HTESTATES -

dated dam­ages.

A party can, how­ever, claim dam­ages for losses aris­ing after breach. For in­stance, li­a­bil­ity to pay a third party aris­ing di­rectly as a re­sult of breach of con­tract be­tween the lessor and lessee; cost of en­gag­ing third par­ties to com­plete out­stand­ing per­for­mance for in­stance, re­pair­ing dam­aged premises which may have been the obli­ga­tion of the lessor; cost of buy­ing a sub­sti­tute ar­ti­cle; cost in­curred for pros­e­cut­ing or de­fend­ing le­gal pro­ceed­ings etc.

Fur­ther, dam­ages from the same cause of ac­tion must be as­sessed and sought once and for all. A sec­ond ac­tion can­not be brought and would be barred by the prin­ci­ple of res ju­di­cata ( a mat­ter al­ready judged by a com­pe­tent court). In cer­tain cir­cum­stances in­ter­est on dam­ages have been awarded to pre­serve the real value of dam­ages on ac­count of in­fla­tion, but this is more an ex­cep­tion rather than a rule. Or­di­nar­ily, in­ter­est is not al­lowed on dam­ages aris­ing out of breach of con­tract.

THINKSTOCK

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