Damages in tort look backward, whereas damages in contract look forward, primarily because the courts realize that the victim of a tort is relatively more likely to suffer a serious physical injury.

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Quizplus · Accepted Answer

Damages in tort are indeed primarily backward-looking, aiming to compensate the victim for harm already suffered. However, damages in contract are not primarily forward-looking because of the likelihood of serious physical injury in tort cases; rather, they aim to put the injured party in the position they would have been in had the contract been performed as agreed. The distinction is based on the nature of the obligations breached, not the type of injury.

Damages in Tort Look Backward, Whereas Damages in Contract Look