Late delivery of tender prepared by P. If tender was delivered on time P would have got the contract and profit from it. P stressed to D the importance of the tender being delivered on time. D assured P that it would be delivered on time
Was this loss in contemplation of the parties?
If a contract is made under special circumstances, and those circumstances are communicated to the other party, then any damages awarded for breach would be those that the party could have reasonably contemplated to have flow from the breach of the contract in the situation of the special circumstances.
The damage that flowed form the breach could have reasonably been contemplated as having flown from the breach under the special circumstances. (Hadley)
P won – reasonable notice was given – therefore brought the loss w/in contemplation