Limiting facotrs

Question 1

British Westinghouse

Answer 1

mitigation - C does not have to take any steps which a reasonable and prudent man would not take ordinarily in the course of business
- not beyond call of duty, just reasonable

Question 2

Pilkington v Wood

Answer 2

no need to take significant financial risks

Question 3

James Finlay & Co

Answer 3

C does not have to risk reputation

Question 4

Clippers Oil & Co v Edingburgh

Answer 4

C does not have to do somethinf unaffordable

Question 5

Kaines (UK)

Answer 5

Duty for reasonable effort to get substitute goods/servives

Question 6

Yetton v Eastwoods

Answer 6

reasonable effort for alternative employment - damages limited to if alternative employment had been found

Question 7

The Flying Fish

Answer 7

accept help to reduce losses

Question 8

Selvanayagam

Answer 8

accept medical help to reduce losses

Question 9

The Soholt

Answer 9

renegotiated with contract breaker

Question 10

Holden v Bostock

Answer 10

spending money on advertising is reasonable

Question 11

Bacon v Cooper

Answer 11

incurring hire charges is reasonable

Question 12

The Borag

Answer 12

high interest loan = unreasonable

Question 13

Stansbie v Troman

Answer 13

independant act by 3rd party means causal link is broken but here, D had a duty to prevent 3rd party causing loss (lock door to prevent burglary)

Question 14

Monarch Steamship

Answer 14

acts of god

- it is an unseaworthy ship given but it was the typhoon that broke the ship (breaks chain of causation)

Question 15

Lambert v Lewis

Answer 15

unreasonable act by C breaks chain of causation

- C knew it was broken yet continued to use it

Question 16

Hadley v Baxendale

Answer 16

if losses could be reasonably contemplated at the time of entering the contract it is not too remote

recoverable losses:

1) arising naturally from breach of contract itself
2) loses reasonably supposed to have been in contemplation of both parties at the time they made contract as a probably result of the breach of it

Question 17

The Heron II

Answer 17

C must foresee type (e.g. financial) not extent

C must also foresee a serious possibility

Question 18

Victoria Laundry

Answer 18

He was an expert so he should know that his breach would result in losses
- the loss was foreseeable to he had to pay loss of profits but not for the exceptional one because he did not know about it