709986
Beschreibung
Mindmap von chanika.carringt, aktualisiert more than 1 year ago
|
Erstellt von chanika.carringt
vor mehr als 10 Jahre
|
|
General Principles in Damages
- 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
- put him in the same position he
would have been in before
- LIVINGSTONE V RAWYARD
- award off damages to
compensate for the loss
suffere
- MEASURE OF DAMAGES
- contract
- ROBINSON V HARMAN
- same position he would have been in had the contraqct been performed
- same position he would have been in had the contraqct been performed
- ROBINSON V HARMAN
- Tort
- 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
- the ocurt did not
deduct for the
betterment of
- the premises wer
unique, the P did
repairs,
- HOLLEBONE V MILDHURT
- the cost of repair
- contract
- tort
- whether it is
- pecuniary compensation for loss suffered
- 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
- contributory negligence
- advantage from damages
- PARRY V CLEAVER
- where the court did not deduct for pension
- where the court did not deduct for pension
- PARRY V CLEAVER
- 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
- he could r recover
rebated travel on
airline. it was foreseeable
- Air traffic controler
dismissed without adequate
notice,.e
- monetary
compensation even
where it is difficult to
prove
- non pecuniary damages
- loss which can not be
adequately compensated
monetary terms
- it is
unique
to the
matter
- distress
annoyance, and
frustration
- it is
unique
to the
matter
- in contract
- Hobbs v L.S.W
- wrong railway station, they walk
throught the rain , recover loss for
physical inconvenience
- wrong railway station, they walk
throught the rain , recover loss for
physical inconvenience
- Hobbs v L.S.W
- loss which can not be
adequately compensated
monetary terms
- special damages
- pecuniary loss which must
be specifically pleaded
- As a result of the precise
nature of the loss suffered
- 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
- precise losses where the exact size of the loss can be proved
from the particular facts peculiar to the particular claim
- pecuniary loss which must
be specifically pleaded
- general damages
- loss directly
and necessarily
incurred by the
breach of
contract
- award of
compensation for the
actual injuries
suffered by the
Claimant.
- loss directly
and necessarily
incurred by the
breach of
contract
- NORMAL LOSS
- loss which a
person in a like
situation would
suffer
- 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
- where the vendor know that P
intend to develop it for profit
- cottrill v Steyning
- Jackson v Watson
- wife was food posion
- loss of services during their join life
- loss of services during their join life
- wife was food posion
- 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
- the cost of surgery would be the cost of it in
Jamaica has he could not prove that jamaica
service was inadequate
- Could not recovered the insurance
for trip/ loan with interest, too
remote
- Held wife loss of earning and income tax,
and nis could not be recover because she did
not hasten the recovery
- the wife went to Canada with
husband for surgery
- loss which are does not arise
immediate but are a consquence
of the harm and unique to the
person
- 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
- held the Johnson could recover damages in terms of the
price of the contract, monthly increments- deposit &
compensation for compulsory acquiring
- compulsory acquired land
which NSR repudiate before
acquired
- W. Johnson & co v NSR Ltd
- 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
- expenses incurred
- market value of the property- the contract
price paid
- purchaser/ lessee can recover for the
V's defective title
- NOT THE LOSS of BARGAIN
- recover the deposit and expenses of
investigating title.
- NOT THE LOSS of BARGAIN
- failure to transfer
land, the person can
recoever
- Expenses rendered Futile by the
breach BAIN v FOTHERGILL
- reasonable
foreseeable loss
- pecuniary
damages
- loss of future reputation
- Malik v BCCI
- pecuniary loss which is
brought about as a result of
loss of reputation
- 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
- Malik v BCCI
Medienanhänge
Möchten Sie kostenlos Ihre eigenen Mindmaps mit GoConqr erstellen? Mehr erfahren.