Hadley v Baxendale
| Jurisdiction | England & Wales |
| Court | Exchequer |
| Judgment Date | 23 February 1854 |
| Date | 23 February 1854 |
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1154 cases
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Toucan Energy Holdings Ltd v Wirsol Energy Ltd
...naturally and directly from the breach, and hence does not exclude direct losses falling within the first limb of Hadley v Baxendale (1854) 9 Ex. 341. Thus, it is suggested, the clause does not apply to lost income or refinancing losses of the kind at issue in the present 288 I do not accep......
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Bilal Khalifeh v Blom Bank Sal
...loss should be foreseeable. The provisions in the LCOC addressing remoteness of loss and the rule in Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 share a common ancestry in Articles 1150 and 1151 of the Code Napoleon, and it is scarcely surprising that they lead to the same 226 Finally, t......
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Granville Technology Group Ltd ((in Liquidation)) v LG Display Company Ltd
...His conclusion that compound interest could be awarded as “special damages” recoverable under the second part of the rule in Hadley v Baxendale (1854) 9 Exch 341 has been criticised as illogical: if compound interest can be awarded as damages under the second part of the rule, why should it......
- Guinness Anchor Marketing Sdn Bhd v Chellam Joe Vetha Thya Singh
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16 firm's commentaries
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Complex Commercial Litigation Law Review - Fifth Edition - England & Wales
...Makdessi) and ParkingEye Ltd v. Beavis,78 the Supreme Court held that the test for whether a penalty clause 70 See Hadley v. Baxendale (1854) 9 Ex. 341, Victoria Laundry (Windsor) Ltd v. Newman Industries Ltd 4 [1949] 2 KB.528 and Koufos v. C Czarnikow Ltd (e Heron II) [1969] 1 AC 350.71 H......
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Construction Arbitration: Ireland
...the contract (second limb - the special knowledge loss). [Hadley and Another v Baxendale and Others, Exchequer Court, 23 February 1854 (1854) 9 Ex. 341]. Any reference in a contract to excluding 'indirect' or 'consequential' loss can only exclude the second limb of losses described in Hadle......
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Work Health & Safety - What's News - 15 April 2014
...naturally from any breach or should have been within the contemplation of the employer - Remoteness - Hadley v Baxendale (1854) 9 Ex 341; 156 ER 145 and Baltic Shipping Company v Dillon [1993] HCA 4; (1993) 176 CLR 344 applied. Grocon & Ors v Construction, Forestry, Mining and Energy Un......
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Ontario Court Of Appeal Summaries (June 4 June 8)
...Keywords: Contracts, Real Property, Commercial Leases, Breach of Contract, Repudiation, Damages, Remoteness, Hadley v. Baxendale (1854), 156 ER 145 (UK Ex Ct), Mitigation, Quantification, Fair Market Value, Ticketnet Corp. v. Air Canada (1997), 154 DLR (4th) 271 (CA), Musqueam Indian Band v......
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63 books & journal articles
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Contract Law
...that is embodied within the sphere of contract law (and which can be traced to the seminal English decision in Hadley v Baxendale(1854) 9 Exch 341; 156 ER 145). 9.89 In the Singapore High Court decision of Winjoy Investment Pte Ltd v Goh Boon Huat[2002] 2 SLR 347 (also considered supra, at ......
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AN ACCOUNT OF ACCOUNTS
...[1976] AC 104; Edgington v Fitzmaurice(1885) 29 Ch D 459; UCB Corporate Services v Williams[2002] EWCA Civ 555. 117 Hadley v Baxendale (1854) 9 Exch 341: “reasonable contemplation” has been interpreted to mean that the loss is in the ordinary course of things or that even if it is extraordi......
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Contract Law
...second limb of Alderson B”s classic test of remoteness of damage in contract law in the seminal English decision of Hadley v Baxendale(1854) 9 Exch 341 at 354—355; 156 ER 145 at 151 (see also generally Phang, Cheshire, Fifoot and Furmston”s Law of Contract — Second Singapore and Malaysian E......
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CONTRACT LAW IN COMMONWEALTH COUNTRIES: UNIFORMITY OR DIVERGENCE?
...467 on the one hand and Ochroid Trading v Chua Siok Lui [2018] 1 SLR 363 on the other) (accessed 22 May 2018). 118 Hadley v Baxendale (1854) 9 Exch 341; (1854) 156 ER 145. The two-limb test for contractual remoteness set out in this case shall hereafter be referred to as the “Hadley test”. ......
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