Remedies: Damages Flashcards
1
Q
Staniforth v Lyall
A
- Upon breach, the claimant hired the boat to someone else for a greater profit than he would have made.
- As he suffered no loss, he was awarded a nominal sum as damages.
2
Q
Wrotham Park Estate Co. Ltd v Parkside Homes Ltd
A
- The claimant had suffered no loss but damages were awarded on the basis of the hypothetical sum the claimant could have charged to release the covenants.
3
Q
Experience Hendrix LLC v PPX Enterprises Inc.
A
- The court decided that the publisher should pay a reasonable sum to Hendrix’s estate, even though Hendrix’s estate had suffered no actual loss.
4
Q
Bence Graphics International Ltd v Fasson UK Ltd
A
- Damages are assessed according to the difference in value.
5
Q
Charter v Sullivan
A
- Where demand exceeds supply, the claimant can still make his profit so there is no loss to be compensated.
6
Q
W L Thompson Ltd v Robinson Gunmakers Ltd
A
- Supply exceeded demand: had the claimant found another customer and sold to him as well as the defendant, then there would have been two sales and two profits. So loss of profit is the measure of damages.
7
Q
Victoria Laundry Ltd v Newman Industries Ltd
A
- The claimant may recover for the profit that he would have been able to complete but for the breach of contract.
8
Q
Chaplin v Hicks
A
- The mere fact that damages were difficult to calculate should not prevent them being awarded.
9
Q
Anglia Television Ltd v Reed
A
- The main actor pulled out a suitable replacement could not be made so a film was not made. The question of damages was decided that as Anglia TV could not predict what its profit on the film would have been, the court awarded damages based on reliance loss.
10
Q
Farley v Skinner
A
- It is possible to recover damages for the loss of an amenity under reliance loss.
11
Q
Ruxley Electronics and Construction Ltd v Forsyth
A
- As he had no received the exact swimming pool that he had contracted for, the court awarded him £2500 for the loss of amenity.
