Remedies for breach of contract

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  1. 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.
  2. Tabcorp Holdings v Bowen Investments
    term of lease: not make substantial change/addition to building, damages: cost of restoring foyer to previous state.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Associated Newspapers Ltd v Bancks
    cartoonist, front page, termination of contract, condition
  8. McDonald v Dennys Lascelles
    third party guaranteed payment, failure to pay; argue performance termination, guarantee not enforceable; obligations still exist, enforceable; third party liable.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
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Remedies for breach of contract
2013-06-11 07:39:52
breach contract pbl

Chapter 8
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