Bruno is expected to provide $1000 per day for the fair site. However, due to this accident, ACT safety authorities closed the ride so Bruno could not continue to operate it. In other words, Bruno did not fulfill the contract for the remaining two days with the Royal ACT Show because he violated the conditions of the contract. More specifically, this contract terminated due to non-performance. Without this accident, Bruno could have run the race normally and thus the Royal ACT Show was able to receive the $2000 payment from Bruno. Due to such a breach, Royal ACT Show may terminate the contract and sue for damages (p188). Furthermore, from the point of view of causation and applying the "but for" test in Alexander v Cambridge Credit Corp Ltd, the damages were caused by Bruno's omission (his negligence towards Robert), because the Royal ACT Show he would not have suffered a $2,000 economic loss without Bruno's negligence. So the damage wasn't remote. As an innocent party, Royal ACT Show will be entitled to damages for the loss of a business opportunity and will receive a sum of money equal to the value the party expected to receive if the contract could be performed (p195). Therefore, the Royal ACT Show can collect the expected $2000 payment
tags