Damages

Question 1

Damages-purpose

Answer 1

Put victim in position would have been in if contract was performed

Question 2

Restitution

Answer 2

A repayment of money or other benefits

Question 3

Reliance loss

Answer 3

Expenses incurred
Anglia TV Ltd v Reed (1972)

Question 4

Damages for the loss of chance

Answer 4

Rare circumstances - Courts can allow claim for loss that is speculative - Chaplin v Hicks

Question 5

Damages for future contracts

Answer 5

Can claim for profit that he/she would have been able to complete but for the breach
Victoria laundry Ltd v Newman Industries

Question 6

Damages where there is a market

Answer 6

Where there is a market, damages will be difference between contract price and the price obtained or required to be paid in the market - Charted v Sullivan

Question 7

Damages for loss of bargain

Answer 7

Put C in position if contract had been performed
Bence Graphics international v Fasson UK

Question 8

Wrotham park damages

Answer 8

Where claimant would have very real problems in establishing financial loss and it is ‘just’ response to a breach of contract
Wrotham park estates v parkside homes

Question 9

Nominal damages

Answer 9

No loss is suffered due to breach
Staniforth v Lyall

Question 10

Anglia TV Ltd v Reed

Answer 10

In cases of wrongful repudiation of a contract, the aggrieved party may claim damages for expenditure incurred both after and before the contract was formed, provided that such expenditure was within the reasonable contemplation of the parties

Question 11

Victoria laundry Ltd v Newman Industries

Answer 11

Damages for breach of contract are limited to losses that were reasonably foreseeable by the parties at the time of contracting, based on their actual and imputed knowledge

Question 12

Bence Graphics international v Fasson UK

Question 13

Wrotham park estates v parkside homes

Answer 13

This case established the concept of “Wrotham Park damages” which are based on the hypothetical negotiated value for releasing a covenant

Question 14

Staniforth v Lyall

Answer 14

Any profit or benefit the plaintiff obtains as a result of the breach should be taken into account to reduce the damages awarded

Question 15

Charted v Sullivan

Answer 15

Where a seller fails to prove loss of profit from a buyer’s breach of contract, damages may be limited to nominal amounts, especially in markets with fixed retail prices

Question 16

Chaplin v Hicks

Answer 16

Damages can be awarded for the loss of a chance in breach of contract cases, even if the exact value of that chance is difficult to assess