Measure of Damages in UK Law

Leading Cases
  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 Jul 2000

    A trespasser who enters another's land may cause the landowner no financial loss. In this type of case the damages recoverable will be, in short, the price a reasonable person would pay for the right of user: see Whitwam v. Westminster Brymbo Coal Co. [1892] 2 Ch. 538, and the 'wayleave' cases such as Martin v. Porter (1839) 5 M. and W. 351 and Jegon v. Vivian (1871) L.R. 6 Ch. 742

    The measure of damages awarded in this type of case is often analysed as damages for loss of a bargaining opportunity or, which comes to the same, the price payable for the compulsory acquisition of a right. The court's refusal to grant an injunction means that in practice the defendant is thereby permitted to perpetuate the wrongful state of affairs he has brought about.

  • Liesbosch Dredger (Owners of) v Owners of SS Edison (The Liesbosch)
    • House of Lords
    • 28 Feb 1933

    But the Appellants' actual loss in so far as it was due to their impecuniosity arose from that impecuniosity as a separate and concurrent cause, extraneous to and distinct in character from the tort; the impecuniosity was not traceable to the Respondents' acts, and in my opinion was outside the legal purview of the consequences of these acts.

    In these cases the dominant rule of law is the principle of restitutio in integrum, and subsidiary rules can only be justified if they give effect to that rule. The true rule seems to be that the measure of damages in such cases is the value of the ship to her owner as a going concern at the time and place of the loss. In assessing that value regard must naturally be had to her pending engagements, either profitable or the reverse.

  • Doyle v Olby (Ironmongers) Ltd
    • Court of Appeal (Civil Division)
    • 31 Ene 1969

    In contract, the damages are limited to what may reasonably be supposed to have been in this contemplation of the parties. The defendant is bound to make reparation for all the actual damages directly flowing from the fraudulent inducement. All such damages can be recovered: and it does not lie in the mouth of the fraudulent person to say that they could not reasonably have been foreseen.

  • Attorney General of Trinidad and Tobago v Ramanoop
    • Privy Council
    • 23 Mar 2005

    An award of compensation will go some distance towards vindicating the infringed constitutional right. The fact that the right violated was a constitutional right adds an extra dimension to the wrong. An additional award, not necessarily of substantial size, may be needed to reflect the sense of public outrage, emphasise the importance of the constitutional right and the gravity of the breach, and deter further breaches.

  • Johnson v Agnew
    • House of Lords
    • 08 Mar 1979

    (2) The general principle for the assessment of damages is compensatory, i.e. that the innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. But this is not an absolute rule: if to follow it would give rise to injustice, the court has power to fix such other date as may be appropriate in the circumstances.

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Legislation
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... . . (a) claiming damages;. . . (b) seeking specific performance;. . . (c) seeking an order for ...(b) a local weights and measures authority in Great Britain, and. (c) the Department of Enterprise, Trade ......
  • Torts (Interference with Goods) Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ......any consequential damages, or. .   . ( b . ) an order for delivery of the goods, but giving the. ...in which the measure of damages is not the full value of the. goods, and then the court may ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • 1 de Enero de 1979
    ......fault may maintain an action for damages against the party at. fault. Conditions and warranties . Conditions and ...goods in a deliverable state but the seller is bound. to weigh, measure, test, or do some other act or thing. with reference to the goods for the ......
  • Contracts of Employment Act 1972
    • UK Non-devolved
    • 1 de Enero de 1972
    ......be void. S-3 . Measure of damages in proceedings against employers. 3 Measure of damages in ......
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Books & Journal Articles
  • MEASURE OF DAMAGES IN CONTRACT AND TORT—LAW AND FACT
    • Núm. 13-1, Enero 1950
    • The Modern Law Review
  • LAW REFORM (PERSONAL INJURIES) ACT, 1948
    • Núm. 12-3, Julio 1949
    • The Modern Law Review
    ...... National Insurance benefits are to affect the measure of damages for personal injuries. In this Reuiew the passing ......
  • EXPECTATION, RELIANCE AND MISREPRESENTATION
    • Núm. 45-2, Marzo 1982
    • The Modern Law Review
    ...... INTEREST in the distinction between expectation damages and reliance damages, once an almost exclusively American ..., and to argue that decisions and 1 The normal measure of damages for breach of contract, often described as ......
  • Re POLEMIS
    • Núm. 14-4, Octubre 1951
    • The Modern Law Review
    ...... on these questions, held the charterers liable for the damages, f 190,165 1s. lld. They accepted the shipowners’ contention ... It was this issue on the measure of damage which has largely engaged the attention of the ......
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Law Firm Commentaries
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