Damages Flashcards
AG v Blake (2001)
Restitutionary Damages
Russian spy breaching his contractual promise of secrecy
Able to claim damages for the profit the book made
Colley v Overseas Exporters (1921)
Damages/Debt distinction
Golden Strait Corporation v Nippon Yusen (2007)
Date of assessment damages
Charter party prematurely anticipated war and using the war clause terminated the contract
During arbitration a war broke out
Allowed to take this into account when calculating damages
Thompson v Robinson (1995)
The defendant agreed to buy a car
He then later refused
Supply > demand and therefore damages were higher
Bunge v Nidera BV (2015)
Term allowed repudiation is there was a ban on grain exports
Breached the contract in anticipation of the ban
During arbitration there was a ban
This was taken into account
Radford v DeFoberville (1978)
Cost of Cure damages
Claimant was due the price of building a wall not a fence
Ruxley Electronics v Forsyth (1996)
Building a swimming pool of 7.6ft
Decided to sell the house, no benefit of the deep pool
Was not entitled to the the cost of cure
Out of proportion
Anglia TV v Reed (1971)
Reliance damages
Defendant repudiated the contract because of a mistake by his agent
Entitled to the full loss of expenditure, even before the signing of the contract
CCC Films v Impact Quadrant Films (1984)
Reliance damages
Claimants were granted a licence by the defendants
The defendants were meant to send copied of films but failed
Claimed for the expenditure of the licence
Chaplin v Hicks (1911)
Speculative damages
Beauty Contest - loss of opportunity to make a gain
The Achilleas (2008)
Lord Hoffman - Hadley v Baxendale +Assumption of responsibility
Charter party failed to return the ship in time. The owners had to cancel there forthcoming contract, but by that time the price of chartering had declined
They only had to pay for the days in between rather than the difference between the charter parties
Lambert v Lewis (1982)
Causation and remoteness
Towing hook broke killing someone
The fact that the hook wasn’t kept in a good condition broke the chain of causation
Supershield v Siemens Building (2010)
Builders failed to install valve properly causing a flood
There happened to also be blocked drains
This did not break the chain of causation
The CA held they were liable for the whole loss
Victoria Laundry v Newman Industries (1949)
Late delivery of boiler
Could claim for loss of normal profits but not for additional profits for military uniform
R Hall v WH Pim (1928)
Entitled to profits on sub-sale
In these circumstances this was foreseeable
Parsons v Uttley (!976)
Failed to open the ventilator
260 Pigs died
Lord Denning argued this was foreseeable
Hadley v Baxendale (1854)
1)
2)
Test for remoteness
1) What parties new would be the consequence of the breach
2) Reasonable foreseeable at the time of making the contract
McRae v Commonwealth Disposals Commission (1951)
Salvage expert bought tanker
Never existed
Allowed reliance damages for the expenditure leading up to the performance of the contract
Liquidated damages
- Will not count if it is in TERRORUM of the party’s breach
- Must be a genuine pre-estimate of the loss
Lord Dunedins obiter in Dunlop v New Garage and Motor (1915) a) b) c) d)
a) ‘Extravagant and unconscionable’
b) Fixed sum regardless of the breach
c) The amount payable exceeds the agreement
d) To be interpreted at the time of the contract not the time of the breach
Parking Eye v Beavis (2015)
Car parking fine enforceable due to a LEGITIMATE INTEREST
Sky Petroleum v VIP Petroleum (1974)
SPECIFIC PERFORMANCE
Supplier refused to sell petrol to the agreed buyer
There were no other options
Cooperative Insurance Society v Argyll Stores
Tenant had closed shop which was in the centre of the development
The landlord wanted a specific order, however the term wasn’t made clear enough in the contract to justify this
Beswick v Beswick (1968)
Issued a specific performance to guarantee £5 payment
American Cynamid v Ethicon (1975)
Patent infringement
Damages at trial would not be sufficient
Addis v Gramaphone Co (1909)
Non - pecuniary losses
Claimed damages for being humiliated at work
Cannot claim damages for this
Farley v Skinner (2001)
Defendant was asked to survey a house
Forgot to report back the bad airplane noise
Was awarded damages for mental distress
Jarvis v Swan Tours
Holiday enjoyment
Could claim disappointment damages
Ruxley Electronics (1995)
Was awarded some damages for disappointment
Hayes v Dodd (1990)
Defendants failed to report that the land was inaccessible
The CA overturned the trial judges decision to award damages for “anguish and vexation”
“The Solholt” (1983)
Price of ship was $5
Sellers delivered late and they rejected it
Court held that they didn’t make an effort to mitigate their loss by offering to re-buy the ship
Professor Bridge criticises this
Payzu v Sauders (1919)
Sale of cloth, late payment
They offered to continue with cash payments
This was rejected
Did not make an effort to mitigate losses
Bwulfa v Waterworks (1903)
“the court should not guess when they know”
Price of coal had risen considerable
This should be taken into account when calculating damages
