Wiki Law School will soon be moving! Please update your bookmarks. Our future address is www.wikilawschool.org |
Editing Hadley v Baxendale
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
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. | ||
|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. |