Common Law Remedies Flashcards
Anglia Television v Reed
They were reliance losses, as it could not be known whether the project would make a profit or loss, and so only costs incurred compensated for.
Addis v Gramophone Co.
Only entitled to commission and salary he had lost, and not to damages because his dismissal was harsh and humiliating.
Lord Atkinson: always understood that damages for breach of contract were in the nature of compensation, not punishment
Johnson v Unisys
Jarvis v Swan Tours
Could recover damages for the disappointment and discomfort he had been caused as a result of the tour.
Hadley v Baxendale
Carrier was unaware of the importance of the urgent delivery.
Losses need to be within the reasonable contemplation of the parties at the time of the contract.
Victoria Laundry Ltd v Newman Industries Ltd
Loss of usual profit from the day of breach is recoverable.
Loss of profit on a government contract it had failed to perform without the boiler lost on the basis that the government contract was unknown to the defendants at the time the contract was formed.
The Heron II
Ship owners liabe for the loss because they knew there was a sugar market in the port of destination, and should have anticipated that prices would fluctuate, affecting the charterers.
Transfield Shipping Inc v Mercator Shipping Inc (The Achilleas)
House of lords held that it was the lower figure that was the loss on the basis that in the shipping industry, damages for late delivery would be assessed on the basis of the difference between the charter rate and the market rate. Hirer would not be liable for any other losses.
Supershield Ltd v Siemens Building Technologies FE Ltd
Hadley v Baxendale remained the standard rule, but The Achilleas approach should be taken where the Hadley v Baxendale approach would not reflect the expectations or intentions that could be reasonably imputed to the parties.
Pilkington v Woods
The solicitor argued that the claimant could have brought his action against the seller, and thus mitigate his losses in the action against the solicitor, but this claim was rejected.
The Borag
The Court of Appeal would not allow recovery of damages in respect of the interest, since it held there was no real justification for incurring them.
