... caused has the effect of putting Lou into breach of her contract with Tall Ships, for failure to fulfil the contractual obligation to write an account for the magazine. In advising Lou which damages she should claim from the crew member, I would not look at damages arising from a breach of contract because it is unlikely that by negligently or "clumsily" damaging the laptop she has breached her contract with Lou. Therefore, I would advise Lou to claim damages in ordinary tort law, to recover the cost of the laptop. Another important reason for advising Lou not to claim for reliance damages is because the loss of the account notes is not wholly the crew member's fault. Lou has a duty to mitigate her loss by saving the work she has done onto a disk. This duty to mitigate her loss only has to go so far as to take ...

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