Addis v Gramophone Company, Ltd
| Jurisdiction | UK Non-devolved |
| Court | House of Lords |
| Judgment Date | 26 July 1909 |
| Judgment citation (vLex) | [1909] UKHL J0726-1 |
| Date | 26 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...
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186 cases
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Malik and Mahmud v Bank of Credit and Commerce International SA
...calculated to destroy or seriously damage the relationship of trust and confidence. That circumscribes the potential reachAddis 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 ......
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Edwards v Chesterfield Royal Hospital NHS Foundation Trust
...distress or damage to reputation. On the other hand, if such damage is loss flowing from a breach of another implied term of the contract, Addis's case does not stand in the way. That is why, in Mahmud's case itself, damages were recoverable for financial loss flowing from damage to reputat......
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Johnson v Gore Wood & Company (A Firm)
...damages were in 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 ......
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Johnson v Gore Wood & Company (A Firm)
...damages were in 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 ......
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3 firm's commentaries
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Class Actions Comparative Guide
...v Chief Constable 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......
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Mutual trust and confidence in employment contracts: has the door to damages been thrust open?
...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 ......
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Employees can claim for 'stigma loss'
...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......
19 books & journal articles
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Employers' Liability at Common Law: Two Competing Paradigms
...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......
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Damages
...breach. That observation now serves as the rationale for the continuing English bar on 13 ibid, at [13]. 14 ibid, at [16] and [17]. 15 [1909] AC 488, 494 (HL); see also, confirming this fundamental point, Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344, 365 16 Burrows, Remed......
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Chapter 13. Damages
...121 Con LR 18). 213 See Clark v Macourt [2013] HCA 56. 214 Burdis v Livsey [2003] QB 36 at 75–76 [92], per Aldous LJ. 215 Addis v Gramophone Co Ltd [1909] AC 488; Gray v Motor Accident Commission (1998) 196 CLR 1 at [13]. See also Ruxley Electronics and Construction Ltd v Forsyth [1996] 1 A......
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Compensation for Harm to Intangible Interests: Non-pecuniary and Aggravated Damages
...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......
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