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.

This entry was posted on Thursday, July 7th, 2022 at 10:13 am and is filed under Decision making and Contracts. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.