Lecture notes
Contract Law Damages
Lecture notes study book Contract Law of Jan M. Smits (-) - ISBN: 9781785368783, Edition: 2nd edition, Year of publication: - (Contract Law)
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Seller
Follow
Content preview
Wednesday, 9 December 2020Damages 2
Contract Law
Non Pecuniary Losses Continued.
• Damages are not normally available for non-pecuniary loss although in some
exceptional cases it may be awarded if the loss was consequent on physical injury or
inconvenience or the contract was for the purpose of enjoyment or alleviation of
distress.
• General Rule is best illustrated in Addis v Gramophone Co. Ltd (1909) where the court
refused damages for injured feelings caused by humiliating and wrongful dismissal.
However, there have always been exceptions for pain and suffering consequent upon
personal injury and for actual physical inconvenience, as in Bailey v Bullock (1950)
where a breach of contract caused the claimant to have to live with his in-laws.
A breakthrough in English Law was made in Jarvis v Swans Tours Ltd (1973) ;
• Claimant was promised a ‘great time’ for holiday that cost £63, was awarded £125
when awarded £125 when he did not get it.
• Two Exceptional Categories were identified: main purpose of the contract was to
provide mental satisfaction - where the mental distress suffered was as a direct
consequence of physical injury or inconvenience caused by the defendants breach
(Perry v Sydney Phillips (1982) breach by a surveyor led the claimant to buy a
house that was falling down and smelt, this physical damage and inconvenience
caused the claimant mental distress.
• The House of Lords in Farley v Skinner (2001) - exceptions to the general rule that
damages are only available for physical and financial losses and extended the
range of the exceptions << Difference in value or cost of cure.
Mitigation
• The claimant is under a duty to take reasonable steps to put himself in the position
he would have been in had the contract been performed (i.e to minimise his lost
expectantions)
• The Claimant is allowed to recover any cost reasonably incurred in an attempt to
mitigate.
• Any benefits accused to the claimant by reason of the breach will reduce the
claimants damages, but not if they are ‘collateral’ and would have accrued anyway.
1
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller parisedwards. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.99. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67096 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now