Editing Hadley v Baxendale

From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
Warning: You are not logged in. Your IP address will be publicly visible if you make any edits. If you log in or create an account, your edits will be attributed to your username, along with other benefits.

The edit can be undone. Please check the comparison below to verify that this is what you want to do, and then publish the changes below to finish undoing the edit.

Latest revision Your text
Line 13: Line 13:
*Pickford delayed shipping the crank shaft to Joyce.
*Pickford delayed shipping the crank shaft to Joyce.
|procedural_history=Hadley sued the parent shipping company Baxendale for breach of contract. He asked for [[damages]] for the lost profits because of the shipping delay.
|procedural_history=Hadley sued the parent shipping company Baxendale for breach of contract. He asked for [[damages]] for the lost profits because of the shipping delay.
The jury sided with Hadley.
|issues=Must a party that breaches a contract pay for '''unforeseeable damages''' that result from a breach?
How much damages should be awarded?
|holding=Baxendale is only liable for reasonably foreseeable damages at the time the contract was made. Consequently, Baxendale (the shipping company) isn't liable for the lost profits.
The amount of injury which would ordinarily follow from a breach of contract under the special circumstances known and communicated to the other party. The loss of profits were a special circumstance that couldn't be known by the defendant, so they can't be considered in determining damages.
|judgment=New trial is ordered
|reasons=Defendant [Baxendale] should be liable for damages that are foreseen at the time of the creation of the contract. If the potential damages are unforeseen, the defendant cannot be liable for them.
|case_text_links={{Infobox Case Brief/Case Text Link
|case_text_links={{Infobox Case Brief/Case Text Link
|link=https://law.justia.com/cases/foreign/united-kingdom/9-ex-ch-341-1854.html
|link=https://law.justia.com/cases/foreign/united-kingdom/9-ex-ch-341-1854.html
Line 32: Line 22:
}}
}}
}}
}}
'''Issue''': How much damages should be awarded?
'''Holding''': The amount of injury which would ordinarily follow from a breach of contract under the special circumstances known and communicated to the other party. The loss of profits were a special circumstance that couldn't be known by the defendant, so they can't be considered in determining damages.
'''Reasons''': Defendant should be liable for damages that are foreseen at the time of the creation of the contract. If the potential damages are unforeseen, the defendant cannot be liable for them.
'''Judgment''': New trial is ordered.
Please note that all contributions to Wiki Law School are considered to be released under the Creative Commons Attribution-Sharealike 3.0 Unported License (see Wiki Law School:Copyrights for details). If you do not want your writing to be edited mercilessly and redistributed at will, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource. Do not submit copyrighted work without permission!
Cancel Editing help (opens in new window)