In order for Bennito to claim for damages he must first satisfy a number of requisites. Namely, proof of loss or detriment suffered, reliance on execution of the terms of the contract, Causation and Remoteness of such losses.
The concept of causation to some extent puts a limit on the plaintiff's claim for damages, it requires that the plaintiff's loss or damage must be a result of the defendant's breach of contract. In Luna Park (NSW) Ltd v Tramsway Advertising Pty Ltd 9, the plaintiff failed to substantiate the damage monetarily, thus he was only awarded a nominal amount of damage.
The concept of Remoteness is another method which courts use to limit damage awards. If Bennito's claim for damage as a result of a breach of contract, and it is not too remote (arise during the normal course of things)10, Bennito will be awarded substantial damages.
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