Legal Remedies- Calculating Damages

Question 1

What are the 2 differnt types of losses used to calculate damages

Answer 1

Expectation Loss and reliance loss

Question 2

What is expectation loss

Answer 2

Aim to put c in position as if contract not occurred

Question 3

What are the 4 ways expectation loss is estimated

Answer 3

1. Difference in value between goods/service required in contract and those provided
2. Difference in value between contract price and price in market
3. Loss of profit
4. Loss of a chance (speculative loss)

Question 4

What case is used for difference in value between goods required and those provided

Answer 4

Bence graphics v fasson

Question 5

What case was used for loss of a chance

Answer 5

Chaplain v hicks

Question 6

How is reliance loss calculated

Answer 6

Courts calculate the award of damages based on monies that C has already spent out in expectation (put c in position as if contract not happened)

Question 7

What case is used for reliance loss

Answer 7

Angela v reed

Question 8

What does the case of British Westinghouse electric v UER say

Answer 8

The c is under a duty to mitigate/minimise losses