Common use of of Contracts Clause in Contracts

of Contracts. Damages are not recoverable for loss that the party in breach did not have reason to foresee as a probable result of the breach when the contract was made. Xxxxxx set forth two branches for the evaluation of whether losses were foreseeable and therefore allowable. As stated in section 351(2) of the Restatement (Second) of Contracts:

of Contracts. Damages are not recoverable for loss that the party in breach did not have reason to foresee as a probable result of the breach when the contract was made. Xxxxxx Hadley set forth two branches for the evaluation of whether losses were foreseeable and therefore allowable. As stated in section 351(2) of the Restatement (Second) of Contracts: