Measuring damages Flashcards

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1
Q

Gen rule

A

As far as money can do be placed in position they would have been had breach not occurred and promise fulfilled

Compensation not punishment

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2
Q

How is it assessed

A

Expected loss and reliance loss

No loss nominal only

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3
Q

Expected loss

A

Loss of profits , usual measure

If expected to make profit profit should be recovered

Unless too remote

Can refuse if unreasonable - Ruxley
Balanced by s13 SGA

Loss of enjoyment under this head

If expected loss fails will look for other way

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4
Q

Ruxley electronics and construction v forsth 1995

A

Pool

If unreasonable can refuse damages under expected loss

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5
Q

Jackson v horizon hols 1975

A

Damages for loss of enjoyment only when main purpose of contact is pleasure

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6
Q

Reliance loss

A

Loss of expenses

Contracts imposs to cal

So may wish to claim upon expenses incurred in reliance of contract - Angela tv v reed 1972

But can’t claim under this head to escape unprofitable contract

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7
Q

Angela tv ltd v reeds 1972

A

Claim for expenses under reliance of contract

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