| 000 | 01408cam a2200241 4500 | ||
|---|---|---|---|
| 001 | ABS68082 | ||
| 008 | 040826n2004 000 0 eng u | ||
| 035 | _a(Sirsi) u127174 | ||
| 100 | _aBrewer, G. | ||
| 245 | _aForeseeability of damages | ||
| 260 | _c2004 | ||
| 490 |
_aContract Journal _v424(0483) 7 July 2004, 26(1) |
||
| 520 | _aDiscusses "Hadley v Baxendale" [1854] where H claimed damages for lost profit and other factors when B failed to deliver a new shaft for H's flour mill. B objected saying the damages were too remote and that it could not be liable. Court found B could not be held responsible for losses it could not have reasonably anticipated. Uses "Balfour Beatty Construction (Scotland) Ltd v Scottish Power plc" (HL, 71 BLR 20) as a more recent example of same principle. Concludes case implies that damages that arise naturally from a breach of contract will generally be recoverable. However, damages that do not arise naturally will not be recoverable unless they are shown to be within the contemplation of both parties at the time of making the contract. | ||
| 590 | _aABS | ||
| 590 | _aABS | ||
| 650 | _aHADLEY V BAXENDALE | ||
| 650 | _aFORESEEABLE LOSSES | ||
| 650 | _aDAMAGES | ||
| 650 | _aBALFOUR BEATTY CONSTRUCTION (SCOTLAND) LTD V SCOTTISH POWER PLC | ||
| 650 | _aBREACH OF CONTRACT | ||
| 690 | _aBUILDING AND CONSTRUCTION-CONTRACTS-CASE LAW | ||
| 942 | _n0 | ||
| 999 |
_c117906 _d117906 |
||