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Measure Of Damages (under English Law)
Damages for breach of contract is a common law remedy, available as of right. It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned by the plaintiff, only nominal damages will be awarded. A victim will not necessarily recover every loss which flows from the breach by the defendant. In order to recover any damages, the losses suffered by the victim must be caused by the defendant, and not be too remote. Further, the plaintiff has a duty to mitigate his losses. Amount of damages The amount of damages a plaintiff would recover is usually measured on a "loss of bargain" basis, also known as expectation loss. In a commercial context this means the profits which would have been earned after deduction of costs which would have been incurred. Loss of bargain replaces expected value "so far as money can do it", a phrase adopted in the case of Robinson v Harman (1848). Duty t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. What constitutes a breach of contract There exists two elementary forms of breach of contract. The first is actual failure to perform the contract as and when specified constitutes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy. In the legal system of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robinson V Harman
''Robinson v Harman'' (1848) 1 Ex Rep 850 is an English contract law case, which is best known for a classic formulation by the judge, James Parke (at 855) on the purpose and measure of compensatory damages for breach of contract that, Facts Mr Harman wrote a letter, dated 15 April 1846, agreeing to grant Mr Robinson a lease on a house in High Street, Croydon, for 21 years, starting on 29 September that year, at £110 per year. The exact wording was "to grant and deliver to the plaintiff a good and valid lease of a certain dwelling-house, &c., and other hereditaments and premises in the agreement mentioned, for a term of twenty-one years from the 29th day of September then next ensuing, at the yearly rent of £110". ''Trans-Lex.org'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Building Contract
A construction contract is a mutual or legally binding agreement between two parties based on policies and conditions recorded in document form. The two parties involved are one or more property owners and one or more contractors. The owner, often referred to as the 'employer' or the 'client', has full authority to decide what type of contract should be used for a specific development to be constructed and to set out the legally-binding terms and conditions in a contractual agreement. A construction contract is an important document as it outlines the scope of work, risks, duration, duties, deliverables and legal rights of both the contractor and the owner. Types There are three main types of construction contract, identified according to the mechanism for calculating the sum due to be paid by the employer: lump sum contracts, re-measurement contracts and cost-reimbursable contracts. The different types vary primarily with regard to who takes the risks involved, which party has t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
East Ham Corporation
East Ham was a local government district in the far south west of Essex from 1878 to 1965. It extended from Wanstead Flats in the north to the River Thames in the south and from Green Street in the west to Barking Creek in the east. It was part of the London postal district and Metropolitan Police District. Local board and urban district East Ham Local Government District was created in 1878, when the parish of East Ham adopted the Local Government Act 1858, and formed a local board of nine members to govern the area. In 1886 the local government district was extended to include the civil parish of Little Ilford, and the board was increased to 12 in number. The Local Government Act 1894 reconstituted the area as an urban district, with an elected urban district council of 15 members replacing the board. In 1900 Little Ilford parish was abolished and its area absorbed into an enlarged East Ham. Incorporation On 27 August 1904 East Ham was granted a charter of incorporation con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quantum Meruit
is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of ''quantum meruit'' are determined by state common law. For example, to state a claim for unjust enrichment in New York, a plaintiff must allege that (1) defendant was enriched; (2) the enrichment was at plaintiff's expense; and (3) the circumstances were such that equity and good conscience require defendants to make restitution. ''Quantum meruit'' is the measure of damages where an express contract is mutually modified by the implied agreement of the parties, or not completed. While there is often confusion between the concept of ''quantum meruit'' and that of "unjust enrichment" of one party at the expense of another, the two concepts are distinct. Situation: The concept of ''quantum meruit'' applies in (but is not limited to) the following set of situations: #When a person hires anothe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognized for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a '' weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Remedies
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of Civil law (common law), civil law jurisdiction, enforces a right, imposes a Sentence (law), penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to Lawsuit, action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
