remedies: damages

• What was the depth specified for the diving area in Ruxley v Forsyth?

  7 feet 6 inches
• What was the actual depth of the diving area upon completion in Ruxley v Forsyth?

  6 feet deep
• What was the estimated cost to rebuild the pool in Ruxley v Forsyth?

  £21,560
• Why was the cost of reinstatement not the appropriate measure of damages in Ruxley v Forsyth?

  It was out of proportion to the benefit
• What is the basis for reliance interest in contract law?

  The claimant alters their position based on promise
• What did Anglia claim in Anglia Television v Reed?

  Total wasted expenditure
• What was the court's ruling regarding Anglia's claim in Anglia Television v Reed?

  Expenditure before the contract was recoverable
• What was Middleton's argument in C and P Haulage Co Ltd v Middleton?

  He should be entitled to damages for improvements
• Why was Middleton's claim for reliance loss denied?

  Loss did not flow from the breach
• What are the differences between expectation loss and reliance loss?

  • Expectation Loss:
  • Position as if promise kept
  • Looks forward to unmet expectations
  • Reliance Loss:
  • Position as if promise never made
  • Looks backward at reliance costs
• What is the concept of causation in contract law?

  Damages measure loss from breach, not disapproval
• What must be proven for a loss to be recoverable due to a breach?

  It must be a direct and natural consequence
• What was the outcome in Galoo v Bright Grahame regarding auditor liability?

  Duty arises if auditor is aware of reliance
• What case established the principle of remoteness in contract law?

  Hadley v Baxendale
• What was the situation in Hadley v Baxendale?

  A mill ceased operation due to a broken crankshaft
• Why were the claimants in Hadley v Baxendale not entitled to recover lost profits?

  Loss was not a direct consequence of the breach
• What are the two limbs of the test for remoteness in contract law?

  1. Loss must be foreseeable as arising naturally
  2. Special circumstances must be within contemplation of parties
• What was the outcome in South Australia Asset Management Corp v York Montague regarding negligent valuations?

  Damages limited to foreseeable consequences
• What was the significance of the case Victoria Laundry v Newman Industries?

  Special purpose must be communicated for liability
• What was held in Koufos v C Czarnikow Ltd regarding the price of sugar?

  Shipowner should have foreseen price decline
• What is the duty to mitigate damages in contract law?

  Claimant must minimize loss from breach
• What happens if a claimant fails to mitigate damages?

  Cannot recover losses due to neglect
• What types of non-financial losses are recoverable?

  Distress, inconvenience, and mental distress
• What was held in Malik v BCCI regarding job prospects?

  Damages recoverable for foreseeable financial losses
• What was the ruling in Perry v Sidney Phillips regarding property value?

  Difference in price and market value is recoverable
• What was the outcome in Jarvis v Swans Tours Ltd regarding holiday disappointment?

  Damages awarded for distress and inconvenience
• What is the proper measure of damages for Perry's case?

  Difference in price and market value
• Why were damages for vexation and inconvenience awarded to Perry?

  Distress and discomfort were foreseeable
• What was Jarvis's disappointment related to?

  His winter sports holiday
• What did Lord Denning MR highlight about Jarvis's holiday experience?

  It was inferior to what was promised
• What did Jarvis pay for his holiday?

  GBP 63.45
• What principle did Lord Reed state regarding damages in contract law?

  They aim to place the claimant as if performed
• What was the plaintiff's concern when buying the house in Sussex?

  Potential aircraft noise affecting the property
• What was the outcome regarding the plaintiff's disappointment in the house purchase?

  Damages could be awarded for loss of amenity
• What is restitution in contract law?

  Return of money paid due to breach
• What did Lord Wright state about unjust enrichment?

  Law must provide remedies for unjust benefit
• What was the claimant entitled to in Planche v Coburn?

  Quantum meruit for work completed
• What was the ruling in Whincup v Hughes regarding partial failure of consideration?

  No recovery for partial failure of consideration
• What was the outcome of Attorney General v Blake?

  Recovery of profits from breach of contract
• What are 'liquidated' damages clauses?

  Provisions limiting compensation for breach