The flashcards below were created by user
on FreezingBlue Flashcards.
Radford v de Froberville
condition to build expensive brick wall, claim – cost of constructing wall vs cost of decreased value of property; objective of damages; entitled to claim former – putting non-defaulting party in the position if breach had not occurred.
Tabcorp Holdings v Bowen Investments
term of lease: not make substantial change/addition to building, damages: cost of restoring foyer to previous state.
McRae v Commonwealth Disposals Commission
Oil tanker wreaked on reef; damages for wasted expenses – unless commission could prove that expenses would have been wasted even if contract not breached.
Koufos v C Czarnikov Ltd (The Heron II)
- Ship to carry sugar, 1- days longer, price of sugar drop; direct/immediate loss –
- foreseeable as a loss flowing in the usual course of events from breach.
Hadley v Baxendale
crankshaft of mill broke, delay before transport, mill stood idle; consequential loss – not entitled to damages – not reasonably foreseeable; not something both parties contemplated at time of contracting.
Baltic Shipping Company v Dillon
- cruise; physical injuries and emotional trauma; distress and disappointment; defaulting
- party expressly/impliedly agreed to provide please/relaxation/entertainment.
- Also – molestation, vexation, physical injury.
Associated Newspapers Ltd v Bancks
cartoonist, front page, termination of contract, condition
McDonald v Dennys Lascelles
third party guaranteed payment, failure to pay; argue performance termination, guarantee not enforceable; obligations still exist, enforceable; third party liable.
Lumley v Wagner
contract to sing for period, promised to not perform anywhere else; 1) specific performance – no, potential absence of goodwill. 2) Injunction- not indirectly force her to sing for him, other ways to make a living.
JC Williamson v Lukey and Mulholland
- exclusive right to sell sweets; specific performance; discretionary nature of remedy;
- adequacy of damages; SP not ordered – continued supervision.
Dougan v Ley
specific performance; damages not adequate remedy; taxi license, good purchased unique/special or particular value/unusual beauty, rarity, distinction, equipment of business.
Buckenara v Hawthorn Football Club
- promise to not play for competing club; injunction to prevent threatened breach,
- injunction does not force him to play for them – earn living another way.