Early Daysof Damages
Early Day Damages
Remoteness
Remoteness
Remoteness
100
Expectancy: for breach of contract damages should place the party in the same position as he would have been if the contract was performed.
What is Wertheim
100
Contract to drill three oil wells. Did one then quit. Hard to calculate damages for loss of chance.
What is Groves
100
Man headed to wedding loses horse shoe. Man replaces horseshoe badly and injures horse. Man misses his own wedding and bride marries someone else. No award, it was not foreseeable that he would lose valuable marriage.
What is British Columbia Saw Mills co.
100
Man buys tractor attachment and tells salesman he needs it for contract with his client. Attachment is faulty, alien becomes impatient and hires someone else. He sues and gets lost profits.
What is Syrup
100
Tender delivered late by purolator courier. If it had been delivered on time they would have gotten contract for $70,000. it was made clear that tender needed to be delivered on time, but no discussion of amount at stake. Plaintiff won as damages were reasonably contemplatable.
What is Cornwall Gravel Co. Ltd.
200
Man has health insurance, who refuse to pay saying he stopped did not pay in 1959(which is a mistake). He gets judgment for all payments post 1959 that he had paid (rescinding the contract which would be more than the payment owed).
What is Bollenback
200
Man contracted to buy car, but then refused delivery. There was not a market to readily buy the car. Judgment for plaintiff in amount of profits they would have made from the sale.
What is Thompson Ltd.
200
Mill sent for new shaft sending old one as template. Delay getting both to mill. Plaintiff sought damages for lost time operating mill. Carrier did not have to pay loss of profit as did not know enough about the context of the delivery (that mill would not run).
What is Hadley.
200
What is part 1 of Braxendale test?
What is 1. Damages for breach of contract should be such as arise naturally, that is according to the usual course of things, from the breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of the parties a the time the contract was made as the probable result of a breach.
300
Actor contracted to make movie which he signed on to 1 week before filming began. He called back 1-2 days later and said he could not do it (double booked). Judgment for Anglia TV whom Reed must pay all out of pocket expenses (even those from before he signed on) because expectancy losses are impossible to calculate in this case.
What is Anglia Television Ltd
300
Defendant refused to accept delivery of a car he had contracted to buy. There was evidence that plaintiff could sell as many of those cars as he could get (no loss of sale). Judgment: nominal damages only given to plaintiff.
What is Charter
300
Shoe manufacturer paid above market price to deliver shoes to French army by Feb. 3. They told delivery company they needed to be there by then, but they were delivered late and not accepted. Plaintiff sought lost profits from that specific sale but was awarded only expenses involved in reselling the shoes at normal price.
What is Horne
300
What is part 2 of Braxendale test?
What is 2. If there are special circumstances relating to the contract and these are actually communicated by the plaintiff to the defendant, damages reasonably contemplated would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
300
Fuller and Purdue say Baxendale stands for two things...
What is 1. That it is not always wise to make the defaulting promisor pay for all the damage which follow as a consequence of his breach 2. That specifically the proper test for determining whether particular items of damage should be compensable is to inquire whether they should have been foreseen by the promisor at the time of the contract
400
Man has operation on hand before which doctor says he guarantees it will be perfect. Judgment for amount representing difference between perfect hand and hand as is.
What is Hawkins
400
Woman lost job interview opportunity. Was awarded 1/4th of what she would have got if she got the job as it was deduced had she had an interview she would have had a 1 in 4 chance.
What is Chaplin
400
Boiler delivered two weeks after it was contracted to be to laundry. Defendants did not know specifically about lucrative contracts which were lost, but did not that laundries require boilers to work. Awarded the lost profits based on ordinary contracts.
What is Victoria Laundry Ltd.
400
Ship hired to pick up sugar and transport it. The plaintiff had said they wanted to sell the sugar as soon as it arrived. There was a nine day delay because the ship made variations. by the time the ship arrived sugar prices had dropped. Ship owner found liable for lost profits (difference between price sold and price 9 days earlier).
What is Kouros
400
What is Expectancy damage?
What is Placed in position one would be
500
Breach of logging contract. Expectancy damages would actually have been losses (bad contract losing money). Therefore no loss was sustained by breach of contract.
What is Bowlay Logging Ltd
500
Man rented tractor for road clearing so that he could take pulpwood to market. Made it clear he needed tractor to clear rode before frost set in. Tractor broke down. Sued for lost profits, but was not successful.
What is Munroe equipment sales
500
Chartered vessel returned 9 days late. The vessel had been contracted to another client at an increased price. Lost that contract because vessel was late and now prices were low again. Plaintiff wanted lost profits for entire other contract but court found that was not reasonable and awarded for extra 9 days.
What is Transfield Shipping Inc.
500
Restitution damages
What is Return the money I gave you.
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