By Robert Ribeiro
This beneficial document units out a scientific technique for assessing the treatments to be had for numerous different types of breach of agreement, what the treatments suggest by way of repayment and the way the repayment is calculated. It examines the newest case legislations in addition to vintage prior instances and explores the problems concerned; particularly the defenses.The file offers various examples of powerful drafting of phrases controlling and proscribing remedies--as good as illustrating the kind of bad drafting to be refrained from. Plus beneficial tables, figures and calculations and a seek research of the mathematical and monetary implications of offered damages.
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Additional info for Damages and Other Remedies for Breach of Commercial Contracts (Thorogood Report)
Example text
The claim which the building society had against the insurance company under the insurance policy which covered the part of the loan which exceeded the normal amount. As regards the second of these claims, the insurance company would normally have had rights of subrogation which would have meant that it recovered the money paid out,and this would have prevented any double recovery by the building society. This was not double recovery in the strict sense,and was perfectly legitimate. Wood Commercial Ltd (2000) 1 WLR 857.
However, the appeal of the defendants was not entirely wasted,since they succeeded in getting the damages reduced to the sum of £685,000. 33 CHAPTER 2: THE MEASUREMENT OF DAMAGES Why was the sum of £484,000 disallowed? What the City Council had lost was the sums that it would have charged to its charge payers if the software had computed accurately,and had not been faulty, and sums paid to the County Council as a result of the incorrect computations. This could be recovered as damages by St Albans City Council in its capacity as trustee for the charge payers.
R. So a buyer lost was a sale lost, and therefore a profit lost. The seller was successful in this case. R. This particular section deals with breach of warranty (for example, where goods are defective or unfit for their purpose). In some cases it is possible to reject the goods,but in other cases it is not possible, or else the buyer prefers to keep the goods and to claim damages. The general rule for assessing such damages is under section 53(2), which refers to the estimated loss directly and naturally resulting in the ordinary course of events from the breach of warranty.