Assessment of damages in cases of breach of contract

Abstract

Summary provided by author:

Moreover, the current reluctance of the courts to recognise application of the Act to claims for damages in contract creates a situation where our law has failed to keep abreast of major legal developments that occurred after the Act had been passed. It is not clear what the attitude of the courts in Namibia will be should the question whether the Apportionment of Damages Act is applicable to claims for damages in contract come up for decision before them. It is hoped that they will not take an overly conservative approach and decline an invitation to cure the current ineptitude of our common law to keep in pace with the changing legal needs of the community

Hopefully, this thesis will in no small measure help to dissipate the uncertainty and doubts that persisted thus far in relation to the question whether the Apportionment of Damages Act is applicable to claims in contract, and perhaps persuade them that the Act is indeed also applicable to claims in contract