Compensation for Damage due to Breach of Contract
- Buying an apartment in Israel
- The Sales Contract
For a plaintiff to be entitled to compensation for damages caused to him due to breach of contract, he must fulfill these conditions:
“First, he must claim that he suffered damage and define precisely what his damage is (the basis of the damage);
Second, he must point to the causal connection between every one of the damages (basic causes of damages) for which he seeks compensation and the breach (element of causation);
Third, he must show that at the time of the contract that the violator anticipated – or at least should have expected – that in the event of a breach, there would be damage of the type for which the injured party is claiming compensation (basis of expectations);
Fourth and last – he must bring evidence of the amount of the alleged damage and the compensation sought for it (the basis of the proof of the amount of damage)”.
In a claim for damages, the injured party must prove the following causes: damage; Causal and genuine connection between the breach and the damage; Views, i.e., the existence of the crack in the compound of the reasonable expectation of the infringer; And proof of the amount of damage.