General Principles in Damages

General Principles in Damages

1. Damages

   • pecuniary compensation for loss suffered
   • Objectives of damages
     • Tort
       • MEASURE OF DAMAGES
         • LIVINGSTONE V RAWYARD
           • put him in the same position he would have been in before
       • award off damages to compensate for the loss suffere
     • contract
       • ROBINSON V HARMAN
         • same position he would have been in had the contraqct been performed
   • cause of action
     • whether it is
       • tort
         • the cost of repair
           • HOLLEBONE V MILDHURT
             • the premises wer unique, the P did repairs,
               • the ocurt did not deduct for the betterment of
       • contract

2. exceptions for damages

   • contributory negligence
   • if the loss was avoidable
   • not the defendant fault
   • if it is not protected under tort or contract
   • too uncertain

3. advantage from damages

   • PARRY V CLEAVER
     • where the court did not deduct for pension

4. DEFINE

   • pecuniary damages
     • monetary compensation even where it is difficult to prove
     • WAithe v Caribbean International Airway
       • Air traffic controler dismissed without adequate notice,.e
         • he could r recover rebated travel on airline. it was foreseeable
   • non pecuniary damages
     • loss which can not be adequately compensated monetary terms
       • it is unique to the matter
       • distress annoyance, and frustration
     • in contract
       • Hobbs v L.S.W
         • wrong railway station, they walk throught the rain , recover loss for physical inconvenience
   • special damages
     • pecuniary loss which must be specifically pleaded
       • As a result of the precise nature of the loss suffered
     • in contract
       • precise losses where the exact size of the loss can be proved from the particular facts peculiar to the particular claim
   • general damages
     • loss directly and necessarily incurred by the breach of contract
     • award of compensation for the actual injuries suffered by the Claimant.
   • NORMAL LOSS
     • loss which a person in a like situation would suffer
   • consquential loss
     • loss which are does not arise immediate but are a consquence of the harm and unique to the person
     • gain prevented by the breach
       • cottrill v Steyning
         • where the vendor know that P intend to develop it for profit
         • recover the profit each party contemplated him making
     • Jackson v Watson
       • wife was food posion
         • loss of services during their join life
     • Johnson v Brown
       • the wife went to Canada with husband for surgery
         • 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
   • basic pecuniary loss
     • reasonable foreseeable loss
       • W. Johnson & co v NSR Ltd
         • 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
     • not an additional head of loss
       • Expenses rendered Futile by the breach BAIN v FOTHERGILL
         • failure to transfer land, the person can recoever
           • market value of the property- the contract price paid
             • expenses incurred
         • purchaser/ lessee can recover for the V's defective title
           • NOT THE LOSS of BARGAIN
           • recover the deposit and expenses of investigating title.

5. loss of future reputation

   • Malik v BCCI
     • pecuniary loss which is brought about as a result of loss of reputation
   • wrongful dismissal
   • failure to advertise p's business
   • failure to honour P's draft

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