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7 Cards in this Set
- Front
- Back
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Robson v Harman |
GP: when a contract is breached, injured party should be able to recover damages reflecting position he would have been in had it been performed |
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Types of losses: Expectation loss |
The profit that could have been expected if contract carried out |
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Types of losses: Reliance loss |
Further expenditure incurred by relying on a party to carry out a contract which is then wasted expenditure if that party breaches the contract |
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Bowlay Logging v Domtar (Canada) |
The defendants breached a contractual obligation to provide transport trucks for a sawmill. The plaintiff claimed for recovery of expenditure incurred in the expectation that sufficient trucks would be available. This was rejected - could not put plaintiff in better position than would have been, had the contract not been performed |
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Types of losses: Restitutionary |
Where the plaintiff has conferred some benefit on the defendant under the contract, the defendant's failure to perform allows the court to order that the benefit be returned (account of profit) |
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Remoteness |
GP: Restriction on the amount of damages recoverable for breach |
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Hadley v Baxendale |
Damages should be such as may fairly and reasonably be considered either arising naturally; or such as may reasonably be supposed to have been in the contemplation of both parties at the time the contract was formed, as the probably breach of it. |
