Remedies for breach of contract Flashcards
Reg Glass v Rivers Locking Systems
Losses claimed included costs of proper installation and also value of goods that were stolen
Losses must be foreseeable and not..
too remote
Koufos v C Czarnikow Ltd
Contract to transport a ship of sugar which arrived 9 days late. Price of sugar dropped in meantime and ownser sued for the price difference.
Court - Damages awarded, price change was reasonable foreseeable
Jarvis v Swan Tours
Contract for a skiing holiday based on a brochure. Holiday did not match.
Court - Damages awarded, double the cost of the holiday, loss of entertainment and enjoyment
Hoenig v Isaacs
Contract to renovate an apartment. Contractor did not finish job and owner refused to pay.
Court - contractor entitled to work completed less costs of completion
Which terms are conditions
Those specified in the contract or statute
Associated Newspapers Ltd v Bancks
Contract to provide a weekly comic strip for the front page comic section. Format changed so that comic strip was on page 3.
Court - Banks entiteld to terminate contract, breach of a condition
Hongkong Fir shipping v Kawasaki
Contract to hire ship and its crew for 2 years, unable to sail for the first 20 due to engine problems. Court - Hirer no right to terminate contract. Breached term was not a condition, instead an intermediate term, 20 out of 104 weeks is only a minor breach. damages is an adequate remedy