Measuring damages Flashcards
Gen rule
As far as money can do be placed in position they would have been had breach not occurred and promise fulfilled
Compensation not punishment
How is it assessed
Expected loss and reliance loss
No loss nominal only
Expected loss
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
Ruxley electronics and construction v forsth 1995
Pool
If unreasonable can refuse damages under expected loss
Jackson v horizon hols 1975
Damages for loss of enjoyment only when main purpose of contact is pleasure
Reliance loss
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
Angela tv ltd v reeds 1972
Claim for expenses under reliance of contract