Unliquidated Damages

Question 1

Causation in fact

Answer 1

To assess whether D factually caused the breach and whether the breach was reasonable foreseeable

Question 2

Monarch Steamship co

Answer 2

But for their actions C wouldn’t have suffered loss. It was reasonably forseeable that there could be an outbreak of World War II

Question 3

Remoteness

Answer 3

Courts must consider whether thr breach was too remote and therefore not forseeable

Question 4

Hadley V Baxendale Common knowledge Test

Answer 4

Was the loss reasonably forseeable

Question 5

Hadley V Baxendale Specific Knowledge

Answer 5

Did D know of the specific potential losses which would have arisen if they didn’t fulfil their obligation

Question 6

Mitigation of Loss

Answer 6

The party at loss must steps to mitigate the loss and they don’t have to extreme length to do this.

Question 7

White and Carter V Mc Gregor

Answer 7

D tried to argue that C did not mitigate their losses by refraining from fitting the bins. The courts stated C did not need to sue straight away and was entitled to wait for the actual breach