Unliquidated Damages Flashcards
1
Q
When are unliquidated damages used?
A
When there is no fixed amount of damages.
2
Q
What are unliquidated damages?
A
Damages based on the actual loss, placing party in position if the breach had not occurred.
3
Q
What will the courts look for in terms of causation?
A
At the breach to see whether it was factually caused by the actions of the defendant.
4
Q
What will the courts look for in terms of remoteness of loss?
A
What consequence should be compensated for and how much should be paid.
5
Q
What was stated in Hadley v Baxendale?
A
The carrier was not liable for two reasons:
It wouldn’t usually cause a loss
Carrier was not aware claimant could not restart production
