Damages

Question 1

what is the loss

Answer 1

• robertson v harmon
• the loss is the difference between where you are now and where they would have been had the breach not occurred

Question 2

what are the types of losses

Answer 2

• pecuniary
• non pecuniary in exceptional cases: loss of amenity or mental distress caused by a physical inconvenience

Question 3

example of pecuniary loss

Answer 3

Balfour Beatty construction v Scottish power

Question 4

when may loss of amenity bring images

Answer 4

Rudely electronics and construction v Forsyth
- a low amount of damages can compensate for disappointed expectations

Question 5

does loss always have to be proven

Answer 5

nominal damages - wylkie v brown - can be compensated for inconvenience

damages measured by gain not loss - AG v Blake - only in exceptional circumstances

Question 6

what are the options of what method of loss can be used

Answer 6

• cost of cure
• diminution of market value
• loss of amenity

Question 7

what is the authority that there is a choice of what method of damage calculation is used

Answer 7

Duke of Portland v wood trs

Question 8

what are the three limits on damages

Answer 8

• causation
• remoteness of loss
• mitigation of loss

Question 9

authority for causation as a limit on damages

Answer 9

Wilson v Carmichael and sons - the breach has to be the proximate cause of the loss

Question 10

what is the authority and test for remoteness of loss

Answer 10

• Hadley v baxendale
• arises naturally from the usual course of things
• such as may reasonably supposed to have been in contemplation of the parties when the contract was formed as being the probable consequence of the breach

Question 11

what is the authority for mitigation of loss

Answer 11

British westinghouse v underground electric railway