ABSTRACT
This paper discusses: (1) the historical origins of the rule in Hadley v Baxendale; (2) whether that rule is rightly characterised as a ‘default rule’; (3) what has to be foreseeable for a loss to be recoverable under the rule; (4) how the rule differs from remoteness of damage rules in tort law; and (5) how the rule is best explained.
McBride, Nicholas, Remoteness of Damage in Contract (January 1, 2025) in Mindy Chen-Wishart and Prince Saprai (eds), Research Handbook on the Philosophy of Contract Law (Edward Elgar, 2025).
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