"There Is Now Considerable Uncertainty As To The Compass Of Contractual Damages".<Tab/>Discuss.

3064 words - 12 pages

Section 1IntroductionIn a successful economy there needs to be a reliable interchange of goods and services. The market place can be seen "as the principal mechanism for the production and distribution of wealth". Contracts are drawn up to make both parties aware of the intentions of each other and to make the exchange legally enforceable. This essay is primarily concerned with what happens when there is a breach in the contract. Most contracts will contain remedies which sets out what will happen in situations where a party breaches a condition in the contract. In some situations no such remedies will have been agreed. If no settlement can be reached between the two parties then the case will often have to be settled by a Judge, who will then award damages to the injured party. In modern day contract law there is however considerable uncertainty with respect to the scope of damages. The primary focus of this essay will be to examine the area of damages for the loss of a consumer surplus; it will then go on to briefly examine uncertainty in third party contract rights and restitutionary damages.Section 2 Difficulties when awarding damages for a loss of a consumer surplusThe object at the heart of damages is to put the injured party, so far as money can do it, in the same position as if the contract had been performed . Damages are not designed to punish the defendant but to compensate the injured party for the contract not being performed. A court when awarding damages should ask the questions of 1) what consequences should be compensated for and 2) how should the damages be quantified. The Judge will consider the remoteness of the claim with the precedent being set in Hadley v Baxendale. The Judge's statement set out a two part rule which is known as "the rule in Hadley v Baxendale". The Judge once he has decided what terms have been breached will have to quantify it into a monetary term. The Judge in most contracts will be able to examine the market value and find a monetary amount which will put the injured party back in the same position as if the contract had been carried out which is known as the expectation interest. When a contract is for a consumer surplus such as one to enhance relaxation it can be very difficult to quantify the expectation interest. This is demonstrated well in an article by Ewan Mckendrick where he writes,"The law was developed largely in the context of contracts entered into by the parties with a view to making a profit, often but not always commodity sales. The rules of law work tolerably well in that context but they do not translate so easily into the situation where the parties enter into a contract for reasons other than the pursuit of profit"In these situations the injured party is attempting to recover the damages which equate with the performance of the contract. The issue is whether the damages should cover the cost of cure, or the difference in value between the contracts. The two recent cases of Ruxley v...

The Damages of Cheating Essay

765 words - 3 pages The Damages of Cheating There are many meanings of the word cheat the meaning that sticks out the most to me is, to be unfaithful to somebody, to have a sexual relationship with somebody other than a spouse or regular sexual partner says MS Encarta. Relationships end everyday due to cheating and the emotional scares of cheating or being cheated on can stay with a person forever. Not only does cheating effect the person that has been

History of the Compass Essay

2123 words - 8 pages time with help from the navigational compass, but there is no proven report of that. The mariner's compass appears to have been in fairly regular use around the eleventh century, though it is uncertain whether the Chinese, Arabs, Turks, Persians, Italians or Greeks were the first to use it. Early records show that compass was used as a navigation device on ships by the Chinese around 11th century AD, by western Europeans and Arabs by 12th, and

The uncertainty of knowledge

1740 words - 7 pages individuals, who have certain perspectives and beliefs. Thus, when an individual is recording history, interpretation leaves room for opinionated facts. Actions and sources seen by a single historian could very well be totally different from the perception of a fellow historian. Thus who and what does a knowledge seeker believe? Since there is not one universal portrayal of history, there will always be an uncertainty as to what to consider to

THE GUILT OF UNCERTAINTY

1267 words - 5 pages . Second, the lawyer handles Josef's case in such a way that there is much activity and no progress. When one considers that Josef was brought to the lawyer by a well-meaning family member, this could perhaps be representative of familial reluctance to face the problems of their relations - instead substituting lots of action for actual progress. Finally, Josef spends most of his time at the lawyer's with the maid, rather than working on his trial

D.<Tab/>Making reference to theoretical perspectives with which you are familiar, discuss the construction of race and ethnicity in literary texts Othello and My Beautiful Laundrette

2198 words - 9 pages relationship between Omar and Johnny. As Stuart hall remarks the question of the black subject cannot be represented without reference to the dimensions of class, gender, sexuality and ethnicity (Hall, 1995: 226). In the initial scene there is a multi-racial grouping of Jamaicans, a Pakistani, and an Anglo-Indian woman who are removing a group of white squatters from a building. What is interesting in these opening moments is the social

A Sanction Is A Reaction On The Part Of A Society Or Of A Considerable Number Of Its Members To A Mode Of Behavior Which Is Thereby Approved (Posi

936 words - 4 pages legal norm has been violated. All crimes are deviant, but some deviant behavior, such as alcoholism or attempted suicide, is not a criminal because the norms have not been made into law by a recognized political authority. When sociologists speak of deviance, they are referring to non-conformity with social norms. Deviance is, therefore, referred to any violation of social norms and expectations. It is a breach of social disorder. To discuss

Is there evidence to suggest that sovereignty as a corner stone of modern politics crumbling?

2377 words - 10 pages Sovereign states are the basic and indispensable building blocks of the international system. However in modern politics, there are many times where sovereignty is seen to be crumbling. This essay, aims to examine evidence to see if sovereignty as the cornerstone of modern politics, is actually crumbling. It will examine and analyze vital organisations, phenomenon’s, and situations such as globalization, the United Nations, the European Union

Not All is Uncertain as a Consequence of Heisenberg’s Uncertainty Principle

746 words - 3 pages at once. While Heisenberg devised the Uncertainty Principle with regard to sub-atomic particles, the uncertainty in measuring parameters on macro-scale objects is also present. As a simple illustration of this point, consider a series of ocean waves that rise and fall at constant intervals. Each wave has a position and is a certain distance from the wave behind it. We can accurately measure the position of one of these waves by treating it like a

As non-EU Countries seek to become a part of the European Union, is there a strong likelihood to obtain membership, considering their current issu

1601 words - 7 pages two entities. Essentially, the progress of a Country is directly correlated with the effectiveness of EU Reform Implementation that is required under the criteria and the conditions encompassed. Furthermore, there are laws and rules enumerated that the potential candidates must oblige to and the European Union must entrust them each with upholding the agreement(s). This is all incorporated in their Policies on Enlargement and Accession. As we

In the lord of the flies, Golding wanted to show his readers that there is no such thing as innocence, even in the young

637 words - 3 pages In the lord of the flies, Golding wanted to show his readers that there is no such thing asinnocence, even in the young. Clearly in the text, the first evidence of conflict between Ralph and Jackmanifested itself in the argument they had who was going to keep the fire burning. Respecting orderand pursuing survival desires rather than pleasure was rejected by Jack. Humans follow their instinctswhen they have no technology or the pleasures of

“Now is the time for all good men to come to the aid of their country.”

2320 words - 9 pages as I banged on her old pink Smith-Corona typewriter. I had absolutely no idea this phrase would one day be so significant regarding the relentless assault against our country and our constitution! I view the phrase much more personally now than I did back in the 60′s. I know for myself and hopefully that many other patriots will agree it should be revised to say, “Now is the time for this good man to come to the aid of My Country”. For

Why The Law Of Damages Is More Favourable To Commercial Interests Than Personal Interests

4293 words - 17 pages should be reduced in the case of a very young child is that there is necessarily so much uncertainty about the child's future that no confident estimate of prospective happiness can be made.'This argument is a complete non-sequitur. There is no logical connection between uncertainty and the need to reduce damages. There would be just as much a logical connection between uncertainty and the need to increase damages. In fact, given that the uncertainty

"Telling The Truth Is Often Difficult, At Times There Is A Temptation To See It As Undesirable" Discuss With Reference To Frontline And Related Texts

1144 words - 5 pages "Telling the truth is often difficult, at times there is a temptation to see it as undesirable"Discuss with reference to Frontline and related texts.In looking at the media and society today, we can see that the media's drive for ratings, and the difficulty in telling the truth can lead to the temptation to see it as undesirable. Telling the truth can be difficult, as, when facts are changed, the lie can become reality. As Paul Sheehan said

'ted Hughes Represents Animals As Alien And Opposed To The Civilised Human Consciousness.'<Tab/> Is This An Accurate Representation Of The Poems That You Have Studied?

2354 words - 9 pages there were three stages of the human psyche, the Id which is the basic level that humans have now evolved out of but, as shown by the ability of animals to commit acts that would make most humans cringe such as relieving themselves in full view of everyone and in leaving weaker animals to be killed by predators or their own kind gives the impression that animals are still very much stuck in this basic survival instinct. The Ego and the Superego

The Damages Of Smoking Essay

2071 words - 8 pages smoking, there isn’t a better time than now because the sooner they do the better. In public places in the Republic of Ireland it is illegal to smoke already and the sooner it catches on over here the better. “SMOKING SERIOUSLY DAMAGES YOU AND OTHERS ROUND YOU,” Caption taken directly from a cigarette packet. My advice is “DON’T START YOU WON’T LIVE TO REGRET IT!”