ABSTRACT
The availability of ‘negotiating damages’ for breach of contract has recently aroused considerable judicial and academic interest across the Commonwealth. Strangely, however, this interest has been largely absent in Australia. After explaining that the essential purpose of such awards is to provide a monetary substitute for performance in circumstances where the usual monetary substitutes are inapposite, this article addresses this lacuna in Australian jurisprudence. More specifically, it is argued that Australian courts should develop the nascent law governing the availability of these awards more consistently with the analysis adopted by the Court of Appeal of Singapore in Turf Club Auto Emporium Pte Ltd v Yeo Boong Hua instead of following the Supreme Court of the United Kingdom’s approach in One Step (Support) Ltd v Morris-Garner.
Nicolas Tiverios and David Winterton, The Nature and Availability of ‘Negotiating Damages’ for Breach of Contract (2025) 48(3) Melbourne University Law Review (advance).
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