Addis v Gramophone Company, Ltd

JurisdictionUK Non-devolved
Judgment Date26 July 1909
Judgment citation (vLex)[1909] UKHL J0726-1
CourtHouse of Lords
Date26 July 1909
Addis
and
Gramophone Company, Limited.

[1909] UKHL J0726-1

House of Lords

1

After hearing Counsel, as well on Friday the 25th, as Monday the 28th, and Tuesday the 29th, days of June last, upon the Petition and Appeal of Thomas Dowle Addis, of White Lodge, Peterstow, near Ross-on-Wye, in the County of Hereford, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 5th of February 1909, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed Case of the Gramophone Company, Limited (sued as the Gramophone and Typewriter, Limited), lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Order of His Majesty's Court of Appeal, of the 5th day of February 1909, complained of in the said Appeal, be, and the same is hereby, Reversed, and that Judgment be entered for the Appellant for 340 l. 1s. On His Claim: And it is hereby Declared, That the Appellant is entitled to be credited in the account ordered to be taken by an Official Referee, or other person agreed upon, with salary at the rate of 15 l. per week, from the 1st day of October 1905 to the 1st day of April 1906 (being a period of twenty-six weeks), and with all commissions earned by the Calcutta Agency of the Respondents in the said period, and payable to the Appellant under the agreement of the 26th day of September 1902, and that the said account remains to be taken in this Action: And it is further Ordered, That...

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368 cases
  • Malik and Mahmud v Bank of Credit and Commerce International SA
    • United Kingdom
    • House of Lords
    • 12 June 1997
    ...on the damages recoverable for breach of the implied term, with particular reference to the decisions in Addis v. Gramophone Co. Ltd. [1909] A.C. 488 and Withers v. General Theatre Corporation Ltd. [1933] 2 K.B. 9 A dishonest and corrupt business 10These questions are best approached by fo......
  • Edwards v Chesterfield Royal Hospital NHS Foundation Trust
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 May 2010
    ...observed that Mr. Johnson was seeking to rely on the implied term to fill the gap identified by Lord Shaw in Addis v Gramophone Co. Ltd [1909] A.C. 488, 504 by creating a breach of contract additional to the dismissal itself. However, in cases where the contract contains an express term, th......
  • Johnson v Gore Wood & Company (A Firm)
    • United Kingdom
    • House of Lords
    • 14 December 2000
    ...principle recoverable. Mr. ter Haar took issue with both these points. 75The general rule laid down in Addis v. Gramophone Company Ltd. [1909] A.C. 488 was that damages for breach of contract could not include damages for mental distress. Cases decided over the last century established some......
  • Johnson v Gore Wood & Company (A Firm)
    • United Kingdom
    • House of Lords
    • 14 December 2000
    ...principle recoverable. Mr. ter Haar took issue with both these points. 75The general rule laid down in Addis v. Gramophone Company Ltd. [1909] A.C. 488 was that damages for breach of contract could not include damages for mental distress. Cases decided over the last century established some......
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3 firm's commentaries
  • Class Actions Comparative Guide
    • United Kingdom
    • Mondaq UK
    • 2 May 2023
    ...of Leicestershire Constabulary [2001] UKHL 29). Punitive damages are not available for breach of contract (Addis v Gramophone Co Ltd [1909] AC 488). Competition Appeals Tribunal (CAT): Punitive or exemplary damages are not available in collective proceedings before the CAT, although interes......
  • Mutual trust and confidence in employment contracts: has the door to damages been thrust open?
    • Australia
    • Mondaq Australia
    • 9 June 2012
    ...be awarded because of distress or financial loss resulting from the manner of the dismissal itself (applied in Addis v Gramophone Co Ltd [1909] AC 488 – the Addis Rule). What happened in In Shaw, two teachers were dismissed by the NSW Director-General of Education during their probationary ......
  • Employees can claim for 'stigma loss'
    • Australia
    • Mondaq Australia
    • 23 December 2009
    ...be wrong to make Abbey liable for the unlawful actions of third party potential employers. Historically, since Addis v Gramophone Co Ltd [1909] AC 488, it had been settled law that an employee was not entitled to additional compensation for the manner of his/her dismissal; in that case a ma......
43 books & journal articles
  • Employers' Liability at Common Law: Two Competing Paradigms
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , May 2008
    • 1 May 2008
    ...the notice period of his contract or, in the case of a fixed-term contract, the remainder of the contract.1818Addis v Gramophone Ltd [1909] AC 488. However, litigation based on the new implied contractual terms has led to a considerable erosion of the notice rule. In Malik v BCCI SA1919[199......
  • Compensation for Harm to Intangible Interests: Non-pecuniary and Aggravated Damages
    • Canada
    • Irwin Books Remedies: The Law of Damages. Third Edition Compensatory Damages
    • 21 June 2014
    ...Club Ltd , [1981] 3 WWR 481 (BCCA); Morrow v Outerbridge , 2009 BCSC 433; see discussion in Chapter 8. 28 Norberg , above note 15. 29 [1909] AC 488 (HL ) [ Addis ]. Compensation for Harm to Intangible Interest s 249 “Contract-breaking is treated as an incident of commercial life which playe......
  • Damages
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Remedies
    • 4 August 2020
    ...a contract of employment. 279 Under Vorvis , such injuries 277 Ibid at 1114, Wilson J. 278 Ibid at 1118. 279 Addis v Gramophone Co Ltd , [1909] AC 488 (HL) [ Addis ]. This remains the position in English law. The enactment of legislation providing statutory remedies for dismissal that does ......
  • Table of cases
    • Canada
    • Irwin Books Remedies: The Law of Damages. Third Edition Limiting Principles
    • 21 June 2014
    ...442 Adamson v Charity, [2007] BCJ No 1009, 2007 BCSC 671 ............................... 156 Addis v Gramophone Co Ltd, [1909] AC 488, 78 LJKB 1122, [1908–10] All ER Rep 1 (HL) ....................................................... 248–51, 252, 259, 264, 265, 266, 272, 346 Admiralty Comrs ......
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