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