REMEDIES

Question 1

Reliance measure of damages

Answer 1

Tanker sold that is supposed to contain oil – company buying tanker goes on very high risk, expensive expedition – the tanker actually never existed – company acted on the reliance that the tanker would be at specific coordinates but was never there – their reliance caused a very expensive investment – expenditure is wasted because of no tanker – can plaintiffs recover the amount of this wasted expenditure? – McRae v Commonwealth Disposals p.799

Contract to log 10,000 cunit timber sale – plaintiff supposed to cut, load timber logs and defendant supposed to haul, transport the logs – defendant fails to provide appropriate trucks, breaching contract – what kind of damages are plaintiffs entitled to, as result of defendant’s breach? – is there evidence that plaintiffs actually suffered any loss from breach? – limits on reliance expectation of damages – Bowlay Logging v Domtar p.804

Question 2

Restitution measure of damages

Answer 2

Defendant was branded traitor by UK government – MI6 agent who defected to Soviet Union – had signed a Secrets Act declaration with UK promising to not divulge any official information gained over course of government employment – discloses valuable intel to Soviets – then signs book deal with publisher to write autobiography spilling state secrets – UK Crown demands all the profits of his book – can an account of profits based on breach of contract be awarded in present case? – AG v Blake p.812