Where breach of contract causes delay in the sale of a business in a falling market, the resulting loss in value is recoverable under the first limb of Hadley v Baxendale as a loss arising naturally from the breach. Under the second limb, it suffices that the parties contemplated the kind or type of loss (delayed sale in a falling market) without needing to contemplate the precise degree of loss or the specific cause of the market decline. Remoteness of damage in contract is a question of law, not merely fact and degree, and is therefore amenable to appeal on a question of law. Grossly unreasonable conduct by a party in wrongfully denying a tenant's rights, forcing the tenant to litigate, can constitute 'special circumstances' warranting costs under s 88(1) of the ADT Act.
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