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Which of the following categories of damages is a party in breach of contract liable for in relation to abnormal damage?
A Those arising naturally from the breach
B Those the possibility of which they were aware
C Those which were within the contemplation of the reasonable person
D Those they were specifically made aware of by the injured party1. The answer is B
2. What does ‘abnormal damage’ mean?This relates to the case of Geraldine Chaplin (daughter of Charlie Chaplin) where, because of the actions of others, she was unable to audition for a part and claimed for the earnings that she would have made if she had won the part
The case is Chaplin v Hicks and there’s a brief summary in Wikipedia
You ask “what does ‘abnormal’ mean?”
We’re in the area of considering remoteness of damage and damage is not remote where it lies within the reasonable contemplation of the ordinary man but it doesn’t arise naturally from the breach
So it’s abnormal in that it isn’t directly caused by the breach itself
OK
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