Finals - Damages for Breach & Tort Case Recap Flashcards
(26 cards)
What is the primary purpose of damages in contract law?
To compensate the claimant and put them in the position they would have been in had the contract been performed.
Which case sets out the compensatory principle?
Robinson v Harman (1851)
What are the three main types of damages?
- Expectation loss
- Reliance loss
- Restitution
What is expectation loss?
Loss of bargain or profit the claimant expected to make.
What is reliance loss and which case supports it?
Loss from expenses incurred in reliance on the contract – Anglia TV v Reed (1972)
What case allowed for restitutionary damages in exceptional cases?
Attorney General v Blake (2001)
What case sets out the test for remoteness of damage?
Hadley v Baxendale (1854)
What are the two limbs of the Hadley test?
- Loss arises naturally
- Loss was within reasonable contemplation of both parties
What is the rule on mitigation and which case supports it?
Claimants must take reasonable steps to reduce their loss – British Westinghouse v Underground Electric (1912)
Can damages be awarded for mental distress or loss of enjoyment?
Yes, but only in certain cases – Jarvis v Swans Tours (1973), Farley v Skinner (2001)
What case introduced the ‘neighbour principle’?
Donoghue v Stevenson (1932)
Which case reaffirmed the Caparo test in negligence?
Robinson v Chief Constable of West Yorkshire (2018)
What case shows unlawful interference via smell/fumes?
St Helens Smelting v Tipping (1865)
What is the standard for private nuisance?
Substantial and unreasonable interference with use or enjoyment of land.
Can planning permission authorise a nuisance?
No – Coventry v Lawrence (2014)
What counts as indirect interference?
Noise, smells, smoke – not trespass, but can still be actionable in nuisance.
What statute governs harassment?
Protection from Harassment Act 1997
What is the test for harassment under the statute?
A course of conduct that a reasonable person would consider oppressive or unacceptable.
Can harassment be both civil and criminal?
Yes – dual liability under the PHA 1997.
What case recognised misuse of private information as a tort?
Campbell v MGN (2004)
What are the two-stage test elements in privacy claims (Campbell)?
- Reasonable expectation of privacy
- Balance with freedom of expression (Art 8 vs Art 10)
What Act modernised defamation law?
Defamation Act 2013
What case outlines the serious harm requirement?
Lachaux v Independent Print (2019)
What are the main defences to defamation?
- Truth
- Honest opinion
- Publication on a matter of public interest
