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Expectation Interest - Coursework Example

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In the paper “Expectation Interest” the author analyzes damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured party's interest in realizing the value of the expectancy that was created by the promise of the other party…
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Expectation Interest
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Download file to see previous pages Usually, the defendant would be awarded damages that equal to the cost of cure. For most defective goods, that equals to the diminution in their value. But for some defective goods, the diminution in value is not equal to the cost of cure (Ruxley Electronics v Forsyth (1996)). In those instances, the courts would ascertain damages that are just and fair pertaining to the merits of the case. These are called ‘loss of amenity’ damages (see Ruxley).  Where the breach is caused by non-delivery, the buyer may also sue for damages which would be calculated by the difference between the market value and the contracted value of the good (s. 51 SGA 1979). If, on the contrary, the buyer refuses to pay, the seller can claim for the loss of profits on the good (Charter v Sullivan [1957]).Reliance loss This seeks to put the claimant into the position as if he never entered into contract (McRae v Commonwealth Disposals [1950]). Often, the reliance interest is already covered by the expectation interest.Restitution Interest  In this claim, the contract is set aside and the claimant seeks to obtain the price paid for goods that were not delivered (Whincup v Hughes [1871]). This claim may also be used to recover profits that the defendant made as a result of the breach (Attorney-General), though it is only allowed when other forms of remedies are exhausted and even then, the courts may order the defendant to award the claimant a share of the profit instead of the entire sum. The claimant is also under a duty to mitigate losses....
Thus, if both parties knew that the claimant was going to use the goods to make a profit, he is entitled to recover those lost profits (Victoria Laundry (Windsor) Ltd v. Newman Industries Ltd (1949)). Damages for pain and suffering may also be awarded where the claimant has expressly stated his concerns (such as presence of aircraft noise before buying a new property close to the airport) at the time of contract (Farley v Skinner [2001]) A claim for damages will fail if the damages are too remote. It will also fail if there is no causal link between breach and damage, and independent third party acts (London Joint Stock Bank v. Macmillan [1918]), natural events (see Monarch Steamship v Karlshamns [1949]) and claimant’s own unreasonable acts (Lambert v. Lewis [1982]) will keep the claim from succeeding. Word Count: 510 Q.2 Becka would be looking to pursue her remedies for breach of contract, as there is a possible breach of s. 14 of the SGA 1979. On the facts, she is a consumer, which brings in operation s. 15 conferring on her a right to reject the goods and be awarded damages at the same time at the discretion of the courts. The car was described in the ad as “regularly serviced, 2007 model…” along with other traits. S.14(2) of the SGA requires the car to be of satisfactory quality and s.14(3) requires it to be fit for purpose. Since Tower Hill is a business, these two are conditions. However, these conditions do not apply where the buyer has inspected the goods before purchasing or defects have been specifically brought to her attention before buying. Becka’s test drive may bar her from claiming on faults that she ought to have noticed. However, the facts are ...Download file to see next pagesRead More
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