Status quo damages may be awarded in an action for breach of contract, both as an alternative to and as a complement to expectation damages. In the latter case, it is important that the same losses are not recovered twice over under the two bases of assessment. Conversely, the court should not make the mistake of insisting that the two measures are mutually exclusive of one another. Provided it is appreciated that expenditure has to be incurred (status quo loss) and taken into account in seeking to make a profit (expectation loss), there should be no objection to recovery under both heads. In Cullinane v British ‘Rema’ Manufacturing Co, the defendant sold the plaintiff a clay pulverising machine for £6,578 with a warranty that the machine could process six tons of clay per hour. In fact, it produced only two tons of clay powder per hour and was, therefore, commercially useless. The plaintiff claimed damages in respect of: (1) the difference between the total of the contract price and the cost of buildings to house the machine and their estimated break up value (capital loss); (2) interest on gross capital expenditure; and (3) loss of profit for a period of three years. The Court of Appeal (Morris LJ dissenting) held that the plaintiff could recover capital losses or he could recover loss of profit, but not both. Accordingly, he was allowed to recover (2) and (3) above, amounting to £10,521: Cullinane v British ‘Rema’ Manufacturing Co [1954] 1 QB 292, CA, p 299
2018 ◽
2019 ◽
Vol 3
(02)
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pp. 397
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2017 ◽
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