Kelly and Chloe have a contract in which Kelly provides MRO supplies to Chloe's manufac-turing business. Kelly has committed a fundamental breach but Chloe has not suffered any loss. Chloe has chosen to terminate the contract. Can she claim damages?
A.
yes- Chloe can claim liquidated damages if these are stated in the contract
B.
yes- Chloe can claim unliquidated damages as the contract is terminating
C.
no- Chloe cannot claim damages as she has not incurred a loss
D.
no - Chloe cannot claim damages as she decided to terminate the contract
3 is the correct answer. Damages cannot be claimed is there has not been any loss. This is stated on p. 122
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