Detailed notes (primarily case notes) on the topics of Incorporation of terms and construction, factors vitiating a contract and damages and included are super summaries ideal to take into an open book exam....
The following is a more accessible plain text extract of the PDF sample above, taken from our Contracts 2 Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Concept | Key Cases | Issue | Principle | Page No./ [Para] | Ratio | Page No./ [Para] | Comments |
---|---|---|---|---|---|---|---|
Expectation Damages | Belgrove v Eldridge | To what extent could Eldridge claim damages in respect of substantial departures from specification |
| 647/0 [617] 647/2 [618-9] |
| 647/1 [618] 648/0 [620] 648/0 [621] | |
Reliance Damages | McRae v Commonwealth Disposals | To what extent are damages recoverable |
| 765/2 [411] 766/2 [414] |
| 765/4 [412] 767/3-4 [419] | It is important to note that what will be recovered is what was reasonable, necessary and wasted |
Amann Aviation | To what extent are damages recoverable on reliance On loss of a chance |
|
| It is important to note that what will be recovered is what was reasonable, necessary and wasted Only applicable where money is paid later for a venture |
“Where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same position with respect to damages, as if the contract had been performed” – Parke B in Robinson v Harman (1848) 1 Ex 850
Concept | Key Cases | Issue | Principle | Page No./ [Para] | Ratio | Page No./ [Para] | Comments |
---|---|---|---|---|---|---|---|
Loss of a Chance | Chaplin v Hicks | The beauty Queen case and the starting point for all analysis of loss of a chance. Damages were calculated by a jury The question is one of contingency | |||||
Howe v Teefy | How should damages be awarded? |
| 650/1 [306] |
| 350/2 [307] | There are two steps: 1) Has the plaintiff lost something of value in losing the opportunity on the balance of probabilities? 2) What is the percentage chance that the plaintiff would have been successful? | |
The Poseidon The false agreement case | How should damages be awarded? |
|
| ||||
Restitution | Awarded where the defendant receives payment but doesn’t provide performance – these damages are referred to as restitutionary (awarded in cases of total failure of consideration) Where a benefit is conferred, damages can be recovered on the basis of unjust enrichment Defendants who breach can also benefit in other ways e.g. not performing to the same standard, getting profits when they shouldn’t (damages can be awarded on the basis of disgorgement or account of profits where profits are made through conduct not permitted by the contract. But it is generally denied as a head of recovery for breach). These type of benefits based on what the wrongdoer has gained (rather than what the victim has lost)... |
Buy the full version of these notes or essay plans and more in our Contracts 2 Notes.
Detailed notes (primarily case notes) on the topics of Incorporation of terms and construction, factors vitiating a contract and damages and included are super summaries ideal to take into an open book exam....
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get Started