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This document discusses breach of contract and relief, including types of damages, measures of damages, duty to mitigate loss, liquidated damages vs penalties, and quantum meruit. Key cases are cited that relate to determining reasonably foreseeable damages, measuring damages based on breach date price, and distinguishing liquidated damages from penalties.
This document discusses breach of contract and relief, including types of damages, measures of damages, duty to mitigate loss, liquidated damages vs penalties, and quantum meruit. Key cases are cited that relate to determining reasonably foreseeable damages, measuring damages based on breach date price, and distinguishing liquidated damages from penalties.
This document discusses breach of contract and relief, including types of damages, measures of damages, duty to mitigate loss, liquidated damages vs penalties, and quantum meruit. Key cases are cited that relate to determining reasonably foreseeable damages, measuring damages based on breach date price, and distinguishing liquidated damages from penalties.
Section 73 • Breach: Anticipatory or on the date of performance. • Types of damages: 1. Unliquidated 2. Liquidated 3. penalty Measure of damage : remoteness of damage • Case: Hadley v. Buxendale 1. Damages should be fairly and reasonably arising naturally out of the usual course of the things. 2. Reasonably contemplated by both the parties at the time of the formation of the contract. Case: Victoria Laundry (Windsor)Ltd v. Newman Industries Ltd. Case: Dominion of India v. All India Reporter Ltd. • Measure of damage should be proximate and not remote in nature. • the damage shall be measured on the basis of the price of the goods on the date of the breach. • Duty to mitigate the loss: if the plaintiff has the power to mitigate any further loss after the breach has been done, the same should be undertaken. Case: Nanajappa v. Muthuswamy Liquidated damages and the penalty • Liquidated damages: when at the time of the formation of the contract the loss that would be caused is already pre-estimated.
• Penalty: when at the time of the formation of the
contract, the compensation agreed to be paid for any breach is highly excessive and disproportionate; it is basically to discourage the breach of contract. Case: Dunlop Pneumatic Typre Co. v. New Garage and motor Co. Quantum Meruit • When part performance has been done • Subsequently the contract is cancelled or breach takes place. • The party who has already partly performed will be remunerated for the part done by him.