Part VIII Remedies For Default, 28 Damages

2021 ◽  
Author(s):  
Andrews Neil
Keyword(s):  
Breach Of Contract ◽  
Compensatory Damages ◽  
Compensatory Measure

The rules governing compensatory damages for breach of contract are complicated and at times difficult to apply precisely. This chapter considers those doctrines in detail: including the different `measures’ of compensation, and the defences of causation, remoteness, mitigation, etc. The paradigm measure of compensatory damages for breach of contract is the so-called ‘expectation’ or ‘loss of bargain’ species. Here the aim is to place the innocent party in the position in which he would have been if the contract had been properly performed. That aim cane be achieved notably by recovering the profits he had expected to gain under the contract. But where loss of profit cannot be easily proved, a ‘fall-back’ compensatory measure is reliance loss damages. These restore the innocent party monetarily to the position he enjoyed before the contract was breached, thus enabling him to recover his wasted expenditure.

Form of compensatory damages, date for assessment, taxation

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
General Rule ◽  
Breach Of Contract ◽  
Lump Sum ◽  
Future Loss ◽  
Compensatory Damages ◽  
Assault And Battery

The general rule can be expressed as follows: a court must assess in a lump sum all past, present, and future loss resulting from the particular tort or breach of contract being sued for, because no damages can be later given for a cause of action on which judgment has already been given. The classic authority is Fitter v Veal, where the claimant had been awarded £11 damages against the defendant in an action for assault and battery. His injuries proved to be more serious than at first thought and he had to undergo an operation on his skull. It was held that he could not recover for this further loss in a new action.

16. Remedies I: compensatory damages

2018 ◽  
Author(s):  
Janet O’Sullivan
Keyword(s):  
Financial Loss ◽  
Breach Of Contract ◽  
The Core ◽  
Contributory Negligence ◽  
The Subject ◽  
Compensatory Damages

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on compensatory damages, the principal remedy for breach of contract, and explores the actionable types of loss. It deals with the various measures of damages, how they are quantified, and discusses the circumstances in which the claimant can recover for non-financial loss. It explores principles of causation and the remoteness of damage test for breach of contract, the requirement of mitigation and the defence of contributory negligence.

29. Remedies beyond compensatory damages

2018 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
Breach Of Contract ◽  
Legitimate Interest ◽  
Specific Performance ◽  
Equitable Relief ◽  
Compensatory Damages

This chapter considers gain-based and equitable remedies for breach of contract, which can be awarded in situations where restricting the claimant to damages would be inadequate. Damages may be awarded to strip a defendant of gains made from a breach of contract. Such ‘restitutionary damages’ are only awarded very rarely in ‘exceptional circumstances’ where the usual remedies for breach of contract are ‘inadequate’, and the claimant has a legitimate interest in preventing the defendant’s profit-making activity and depriving him of his profit. Where damages are inadequate to achieve justice, the court may grant equitable relief. The most important equitable orders are for specific performance and injunctions. Specific performance compels a person to perform his contract. Injunctions can either prevent a person from breaching his contract (prohibitory injunctions) or force a person to comply with his contract (mandatory injunctions).

JC Smith's The Law of Contract

2018 ◽  
Author(s):  
Paul S. Davies
Keyword(s):  
Contract Law ◽  
Undue Influence ◽  
Breach Of Contract ◽  
Strong Focus ◽  
Key Points ◽  
Expert Analysis ◽  
The Law ◽  
Unfair Terms ◽  
Compensatory Damages ◽  
Contractual Rights

Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation of the contract, implication and rectification, and exclusion clauses and unfair terms. It goes on to look at issues such as duress, undue influence, good faith, capacity, illegality, contractual assumptions, breach of contract, remedies and damages, and remedies beyond compensatory damages.

Classification of a defect as breach of contract or tort: a comparative study of the U.S. and the Republic of Lithuania

2019 ◽  
Author(s):  
Nancy J. White ◽  
Sigitas Mitkus ◽  
Renata Cibulskienė
Keyword(s):  
United States ◽  
Tort Liability ◽  
Breach Of Contract ◽  
Warranty Period ◽  
New Interpretation ◽  
The Republic ◽  
Compensatory Damages ◽  
Unites States ◽  
Practical Implications

Purpose – this paper compares the approach of United States’ law and Lithuanian law in classifying a construction defect as a breach of contract or tort. Research methodology – the paper uses case studies to analyze. Unites States’ law approach divides damages into damages for breach of contract and tort damages. According to Lithuanian law, civil liability is assigned to contractual and non-contractual (tort) liability depending on the nature of the unlawful actions. Findings – the cases demonstrate that a defect usually is considered a breach of contract. Different types of damages are recoverable: compensatory damages according to United States’ law and direct and indirect damages are recoverable according to Lithuanian law. Research limitations – both contractual and non-contractual liability are analyzed. In addition, defects to construction by an act of fraud are covered. More research is needed on how the law affects the extension of the warranty period or the statute of limitations. Originality/Value – the paper provides a new interpretation of classification a construction defect as a breach of contract or tort and offers new insights comparing the different approach of law. Practical implications – the paper will be instructive to developers, contractors, management corporations

9. Remedies Part I: Compensatory Damages Following a Breach

2021 ◽  
pp. 283-316
Author(s):  
André Naidoo
Keyword(s):  
Related Issue ◽  
Breach Of Contract ◽  
Compensatory Damages ◽  
To Receive ◽  
Financial Losses

This chapter explores compensatory damages following a breach of contract. Such damages are aimed at compensating the innocent party for any losses it has suffered that were caused by the breach. However, it cannot expect to receive whatever amount of money it demands and it will usually be faced with a dispute about which losses are claimable. For example, lost profits should be claimable, but what about compensation to cover the costs of correcting a breach? Beyond financial losses, is it possible to claim for injured feelings, harm to reputation, or even loss of enjoyment or disappointment? The chapter examines the detailed rules about the types of loss that are claimable. It then looks at how the courts have developed rules for recognizing a wider range of losses. The chapter also addresses the related issue of parties agreeing in advance the amount of damages to be paid following a breach.

29. Remedies beyond compensatory damages

2021 ◽  
pp. 457-474
Author(s):  
Paul S. Davies
Keyword(s):  
Breach Of Contract ◽  
Legitimate Interest ◽  
Specific Performance ◽  
Equitable Relief ◽  
Compensatory Damages

This chapter considers gain-based and equitable remedies for breach of contract, which can be awarded in situations where restricting the claimant to damages would be inadequate. Damages may be awarded to strip a defendant of gains made from a breach of contract. Such ‘restitutionary damages’ are only awarded very rarely in ‘exceptional circumstances’ where the usual remedies for breach of contract are ‘inadequate’, and the claimant has a legitimate interest in preventing the defendant’s profit-making activity and depriving them of their profit. Where damages are inadequate to achieve justice, the court may grant equitable relief. The most important equitable orders are for specific performance and injunctions. Specific performance compels a person to perform their contract. Injunctions can either prevent a person from breaching their contract (prohibitory injunctions) or force a person to comply with their contract (mandatory injunctions).

scholarly journals MAKING SENSE OF MESNE PROFITS: REMEDIES

2021 ◽  
pp. 1-29
Author(s):  
Charles Mitchell ◽  
Luke Rostill
Keyword(s):  
Present Article ◽  
Breach Of Contract ◽  
Unjust Enrichment ◽  
Making Sense ◽  
Compensatory Damages

Abstract This is the second of two articles about cases in which awards of “mesne profits” have been made against defendants who have occupied claimants’ land. The first article argues that the facts of cases where such awards have been made variously support claims in tort, contract or unjust enrichment and that practical consequences can flow from categorising the cases in one way or another. One is that different rules affect the assessment of remedies awarded to claimants depending on the claim that was made and the remedy that was awarded. The present article develops this point by examining the assessment principles governing “mesne profits” awards, according to whether these are classified as compensatory damages in tort, restitutionary damages in tort, orders that a defendant perform a contractual duty to pay a debt, compensatory damages for breach of contract, or orders that a defendant make restitution of an unjust enrichment.

Nominal and contemptuous damages and declarations

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
Breach Of Contract ◽  
Practical Consequence ◽  
Per Se ◽  
Compensatory Damages

Many torts are actionable only on proof of damage. But torts actionable per se, as well as breach of contract, are actionable without proof of damage. One consequence is that even though the court is satisfied that the claimant has not suffered any damage, it is still entitled to damages for the defendant’s breach of contract or tort actionable per se. Such damages are termed nominal and they comprise a trivial sum of money, usually about £2–£10. Nominal damages are therefore in no sense compensatory and must be distinguished from a small sum of compensatory damages. Their function is merely to declare that the defendant has committed a wrong against the claimant and hence that the claimant’s rights have been infringed. Given that the remedy of a declaration is specifically designed to serve this purpose, nominal damages are superfluous and could happily be abolished. This is particularly so since what was previously an important practical consequence of an award of nominal damages has been removed by Devlin J’s decision in Anglo-Cyprian Trade Agencies v Paphos Wine Industries Ltd that a claimant awarded nominal damages should not necessarily be regarded as a successful claimant for the purposes of costs.

16. Remedies I: compensatory damages

2020 ◽  
pp. 388-427
Author(s):  
Janet O’Sullivan
Keyword(s):  
Financial Loss ◽  
Breach Of Contract ◽  
The Core ◽  
Contributory Negligence ◽  
The Subject ◽  
Compensatory Damages

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on compensatory damages, the principal remedy for breach of contract, and explores the actionable types of loss. It deals with the various measures of damages, how they are quantified, and discusses the circumstances in which the claimant can recover for non-financial loss. It explores principles of causation and the remoteness of damage test for breach of contract, the requirement of mitigation and the defence of contributory negligence.

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