Damages for Breach of Contract

July 7th, 2022

In a claim for damages for breach of contract by way of wrongful dismissal of an employee, as in Mackenzie v AA Ltd (2022) EWCA Civ 901, the least burdensome mode of performance, and the least costly method of lawfully terminating the contract, should be adopted. The Court of Appeal holds that it should, for the purpose of determining the employee claimant’s loss, be assumed that the employer would have performed its contractual obligations in the least burdensome way possible. Damages could not confer benefits which the contract did not oblige the employer to confer.

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