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Liquidated damages and penalties Specific performance and injunctions Damages under Lord Cairns'Act Actions for debt
EXPECTATION DAMAGES
Belgrove v Eldrige Instable house required demolishing, entitled to cost of cure instead of diminution in value. Here cost of value > diminution in value Tabcorp Holdings v Bowen Investments Consider personal preferences of plaintiff to consider whether final product is defective Ruxley Electronics and Construction v Forsyth Swimming pool Rejected claim for cost of cure. Expenditure required to rectify defect out of all proportion to benefit which would be obtained by respondent. Damages based on diminution of value.
RELIANCE DAMAGES
McRae v Commonwealth Disposals Commission Reliance damages awarded incurred in salvaging non-existent tanker (not loss making contract)
Commonwealth v Amann Aviation Plaintiff has onus of proof in showing he or she suffered some loss A plaintiff who did not expect to make a profit but was not going to make a loss will be able to recover wasted expenditure. Majority held that reliance damages could be recovered.
Alexander v Cambridge Credit Corp Auditor, $10 mil v $155 mil loss No damages: plaintiff must show causal connection between defendants breach and the loss for which the plaintiff is seeking compensation
REMOTENESS OF DAMAGE
Hadley v Baxendale Late boiler, lucrative contract Damages should only be awarded for breaches of contract which would have been reasonably contemplated by the parties Victoria Laundry v Newman Industries Plaintiff can only claim damages for losses that may reasonably have been supposed to have been in the contemplation of the parties. Alexander v Cambridge Credit Corp Also can only claim damages for losses arising according to the usual course of things