Remoteness

Question 1

Damages in CL

Answer 1

Main remedy in practice
Available as of right
When considering court will consider, causation, aim, quantum, quantum of non percunary, restitutionary, mitigation of loss, CN, liquidated damages
Robson v harman 1848 aim in CL of damages is to put party back in position before contract as far as money can

Question 2

Remoteness

Answer 2

Not all losses can be recovered
Some too remote
Losses gen be in reasonable contemplation of parties
Hadley v baxendale 1854

Question 3

Hadley v baxendale 1854

Answer 3

Replacement shaft 
Delayed delivery 
Caused loss to mill
2 limb test 
1 loss usually expected 
2 special loss only when communicated 

Held unaware of sig of delay so too remote

Question 4

Victoria laundry v Newman industries 1949

Answer 4

Held recover losses on basic boiler but not big contract as weren’t aware

Question 5

Heron ll 1969

Answer 5

Reconsidered test - reasonable man with parties intentions

Question 6

The Achilles 2008

Answer 6

Confirmed Hadley gen rule but authority cases can depart from gen rule on intentions of parties