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This Practice Note serves as a quick reference guide for practitioners comparing the law of damages as it applies to claims in tort and in contract.

For the basic principles of the law of damages, see Practice Note: The remedy of damages—general principles.

For detailed guidance on the law as it applies to contract claims, see: Contractual breach damages and remedies—overview.

For detailed guidance on the law as it applies to claims in tort, see: Damages in tort claims—recovery and assessment.

For guidance on the concept of ‘special damages’ and ‘general damages’ which are unique to pleading personal injury and clinical negligence claims, see: Past expenses and losses—overview.

For guidance on attempts in drafting commercial contracts to exclude and/or limit liability for certain types of losses, see Practice Note: Exclusion and limitation of liability.