Contract law applied in a family law case - damages in contract

It is sometimes difficult to find a case standing for a trite proposition of law. Yesterday's Court of Appeal decision sets out the basic law regarding damages in contract:

"18          The trial judge then identified the principle that where a contract has been breached, the aggrieved party is generally entitled to be put in the position in which he or she would have been had the contract been performed.  She further noted that an estate may be liable in damages for a deceased's failure to maintain an insurance policy, citing Adams (Next friend of) v. Adams Estate (2001), 289 A.R. 345 (Q.B.), at para. 14; MacLean v. MacLean Estate (1998), 195 N.B.R. (2d) 303 (Q.B.), at para. 31; Phillips v. Spooner (1980), 4 Sask. R. 103 ( C.A. ); and Shannon v. Shannon (1985), 50 O.R. (2d) 456 (H.C.J.)."

Another interesting point, from a more general standpoint, is that this is another case arising in family law where traditional contract principles is used.
James Morton
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