Private Law- Cases

yuvopotu's version from 2016-10-05 16:46


Question Answer
When losses are foreseen by the guilty party, they are liable to pay damagesVictoria Laundry (Windsor) Ltd. v. Newman Industries Ltd.
"But for" your breach, the loss would not have occured. A/B Karlhamns Ojlefabriker v. Monarch Steamboat Co.
Can sue for damages but not for upset to feelings.Addis v. Gramophone Co Ltd.
Innocent party must take steps to minimize losses.Connol Cotton & Co. v. Fisher Renwick & Co.
When no losses are caused by breach, only nominal damages incur. Aarons & Co. v. Fraser
Aim: To get both parties to the state they would be in had the contract not been breached.The Heron II & Teacher v. Calder
Innocent party must allow guilty party a chance to rectify a breach.Lindley Catering Investments v. Hibernian Football Club
Only terms in initial contract are legally enforceable.Thornton v. Shoelane Parking Ltd.
You can only withhold performance of an obligation parallel to that breached.Macari v. Celtic FC
Must maintain obligations up until the point of breach.Cutler Mill Restaurant Ltd. v. Hogg
Misrepresentation (voidable)Menzies v. Menzies
Essential error (void)Sword v. Sinclair
Facility and Circumvention (voidable)Mackay v. Campbell
Force and fear (void)Earl of Orkney v. Vinfra
Initial fraudulency (voidable)Macleod v. Kerr
Goods in a shop are an "invitation to treat" not an offer.Fisher v. Bell
Undue influence (voidable)Gray v. Binney
An agreement to agree does not constitute a contract. May & Butcher Ltd. v. The King
When there is "consensus ad idem" there is a contract.Muirhead & Turnbull v. Dickson
Children no legally accountable to same extent as adults.Campbell v. Ord & Maddison
Childs capacity for delictual liability is less.Mullin v. Richards