Damages Flashcards
(23 cards)
General rule - where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed
Robinson v. Harman
not arriving in time, the lady married another, and the blacksmith was held liable for the loss of the marriage
English case referred to in British Columbia v. Nettleship
thought they would have a spare engine for repairs, not communicated in the contract they do not own another
Hadley v. Baxendale
storage of pig food negligently installed by the defendants and the nuts decayed. Some 254 pigs perished
was enough
Parsons Ltd v. Uttley Ingham
Mentioned asthma in a discussion but not in requests on the actual contract or form
taken to an inferior hotel, where their room was in staff quarters and was filthy and dusty
Kemp v. Intasun
plaintiff sues for a duration of the entire length of a contract that they lost because of the late retunt
Court said, that is too remote, only 9 days
Transfield Shipping v. Mercato
Claiming loss of profits would have been particularly speculative given that the film was never made, but the result of this case assumes that the film would break even.
Anglia Television v. Reed
12 winners would be selected and would be engaged for a three-year term
chance of winning had value
Chaplin v Hicks
Rule on trying to have fair calculation of profits for Covid pub
Hyper Trust
The expectation loss cannot be entirely speculative - if do not yet own the profit making parts
McRae v. Commonwealth Disposals
Without real physical inconvenience resulting, you cannot recover damages. That is purely sentimental, and not a case where the word inconvenience, as I here use it, would apply.
Hobbs v. London & SW Railway
the purpose of the contract is to provide entertainment or enjoyment. The plaintiff ultimately obtained twice the value of the holiday
Jarvis v. Swan Tours
Kenny Studios to organise limousines and photography, a white Rolls-Royce
Ceremony was delayed and rushed as others were waiting for their wedding
Irish marriage case
in breach of contract, refused entry to his pub to the newlywed plaintiffs and their wedding guests
Dinnegan v. Ryan
not sure how longs she lives, how much would a flight be in the future
Constant supervision
mental distress
O’Keeffe v. Ryanair
extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved
Dunlop Pneumatic Tyre v. New Garage & Motor company
O’Donnell v. Truck and Machinery Sales
large arbitrary penalty, same every time - not trying to measure the damage
Ford Motor Company v. Armstrong
there were legitimate interest beyond parking fees that could amount to 85
ParkingEye Ltd. v. Beavis
Duty to mitigate damage
Lennon & Ors v. Talbot
non-supplied oil cannot be easily replaced and therefore compensated by damages
Sky Petroleum v. VIP Petroleum
porter “constantly in attendance” at a block of flats.
Ryan v. Mutual Tontine Westminster Chambers
court issued injunction - stop her from singing in the better theatre
Lumley v. Wagner
actor agreed to make movies just for them, subsequently agreed to act for a third party
Warner Bros v. Nelson
