Calculating Damages

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  • Created by: ju
  • Created on: 11-04-13 20:53
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  • Damages
    • Mitigation of Loss claimant must do his best to keep their losses to a minimum. Does not have to be cheap but reasonable
    • Remoteness basic principle is that the loss complained of must be caused by the breach and to be remote
    • Calculating Damages
      • 1) Loss Of the Bargain the idea is to put the claimant in the same situation as if the contract had been performed
        • 2) Consequential Losses other items have either been damaged or lost which have to be foreseeable defective TV on fire - causes other items to be damaged (foreseeable)
          • 3) Sorting out the breach here the claimant tries to fix or lessen the breach e.g hiring replacement for postage
            • 4) Loss of profit/earningsbusinesses will have to show how the broken contract affects its earnings. Done by calculating the loss of profit on previous profits.
              • 5) Emotional Distress rarely used Jarvis v Swan Tours damages awarded for mental distress following breach of contract
    • Law is concerned with punishing the only with compensating the v of d's breach of contract
    • Damages in contract are compensatory the purpose is to put the claimant in the position he would have been if contract had been performed
    • Claimant is entitled to benefit of his bargain


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