General Principles in Damages

Damages
1. pecuniary compensation for loss suffered
2. Objectives of damages
  1. Tort
    1. MEASURE OF DAMAGES
      1. LIVINGSTONE V RAWYARD
        put him in the same position he would have been in before
    2. award off damages to compensate for the loss suffere
  2. contract
    1. ROBINSON V HARMAN
      1. same position he would have been in had the contraqct been performed
3. cause of action
  1. whether it is
    1. tort
      1. the cost of repair
        HOLLEBONE V MILDHURT
        the premises wer unique, the P did repairs,
        the ocurt did not deduct for the betterment of
    2. contract
exceptions for damages
1. contributory negligence
2. if the loss was avoidable
3. not the defendant fault
4. if it is not protected under tort or contract
5. too uncertain
advantage from damages
1. PARRY V CLEAVER
  1. where the court did not deduct for pension
DEFINE
1. pecuniary damages
  1. monetary compensation even where it is difficult to prove
  2. WAithe v Caribbean International Airway
    1. Air traffic controler dismissed without adequate notice,.e
      1. he could r recover rebated travel on airline. it was foreseeable
2. non pecuniary damages
  1. loss which can not be adequately compensated monetary terms
    1. it is unique to the matter
    2. distress annoyance, and frustration
  2. in contract
    1. Hobbs v L.S.W
      1. wrong railway station, they walk throught the rain , recover loss for physical inconvenience
3. special damages
  1. pecuniary loss which must be specifically pleaded
    1. As a result of the precise nature of the loss suffered
  2. in contract
    1. precise losses where the exact size of the loss can be proved from the particular facts peculiar to the particular claim
4. general damages
  1. loss directly and necessarily incurred by the breach of contract
  2. award of compensation for the actual injuries suffered by the Claimant.
5. NORMAL LOSS
  1. loss which a person in a like situation would suffer
6. consquential loss
  1. loss which are does not arise immediate but are a consquence of the harm and unique to the person
  2. gain prevented by the breach
    1. cottrill v Steyning
      1. where the vendor know that P intend to develop it for profit
      2. recover the profit each party contemplated him making
  3. Jackson v Watson
    1. wife was food posion
      1. loss of services during their join life
  4. Johnson v Brown
    1. the wife went to Canada with husband for surgery
      1. Held wife loss of earning and income tax, and nis could not be recover because she did not hasten the recovery
        Could not recovered the insurance for trip/ loan with interest, too remote
        the cost of surgery would be the cost of it in Jamaica has he could not prove that jamaica service was inadequate
7. basic pecuniary loss
  1. reasonable foreseeable loss
    1. W. Johnson & co v NSR Ltd
      1. compulsory acquired land which NSR repudiate before acquired
        held the Johnson could recover damages in terms of the price of the contract, monthly increments- deposit & compensation for compulsory acquiring
  2. not an additional head of loss
    1. Expenses rendered Futile by the breach BAIN v FOTHERGILL
      1. failure to transfer land, the person can recoever
        market value of the property- the contract price paid
        expenses incurred
      2. purchaser/ lessee can recover for the V's defective title
        NOT THE LOSS of BARGAIN
        recover the deposit and expenses of investigating title.
loss of future reputation
1. Malik v BCCI
  1. pecuniary loss which is brought about as a result of loss of reputation
2. wrongful dismissal
3. failure to advertise p's business
4. failure to honour P's draft

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General Principles in Damages

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	Created by chanika.carringt about 10 years ago