Basic Damages Flashcards
Overriding compensatory principle based on the loss of the promisee
Recognised in The Golden Victory
Rarely, restitutory damages will be awarded as in …?
AG v Blake
The Expectation method of damages (so far as money can do it, be placed in the position they would have been in had the contract been performed)
Robinson v Harman
The Breach Date Rule - it is not inflexible as the compensatory principle required damages to be awarded according to actual loss
The Golden Victory
Cost of Cure / Diminution in Value
Ruxley v Forsyth (neither of these measures were awarded –> loss of amenity (non-pecuniary))
Loss of a chance (2)
Chaplin v Hicks
Force India Formula 1 Team
Reliance measure of damages
Anglia TV v Reed
Remoteness of Loss - abnormal/ unusual consequence removes liability for that loss (2)
If the loss is contemplated as a ‘not unlikely’ consequence, damages recoverable
Was the loss of a ‘type’ or ‘kind’ that the party in breach has assumed responsibility for
Toulson LJ has suggested that …. will be applied in ‘standard’ cases and …… to new or novel situations
Hadley v Baxendale
Victoria Laundry v Newman Industries
The Heron II
The Achilleas
Hadley
The Achilleas
Suggested in Supershield Ltd v Siemens Building Technologies FE Ltd
Lord Steyn - ‘general principle is that compensation is only awarded for financial loss’
Farley v Skinner
Provision of pleasure is an important, though not necessarily the only, object of the contract
Jarvis v Swan Tours
Avoidance of mental distress is an important, though not necessarily only, object of the contract. (2)
Farley v Skinner
Hamilton Jones v David & Snape
Claimant suffers ‘physical inconvenience’
Miller v Carnival Plc
Distress or discomfort suffered was directly consequential on physical discomfort
Watts v Morrow
Loss of Amenity
Ruxley v Forsyth
