Chapter: Breach 9
● Robinson v Harman: Damages were successfully recovered for the expenses incurred
as well as for the loss in gains/profits.
● It may be explicit, as in the case of Hochester v De La Tour: a travel operator
announced in advance that he would not be fulfilling his contract.
● It may be implicit, as in the case of Frost v Knight: a party stopped himself from
carrying out a promise to marry, by marrying another person.
● Avery v Bowden: Third-party factors (the Crimean War) causing frustration of the
contract to supply goods to Russia led to the loss of claim to damages after affirmation
of a breached contract.
Chapter: Remedies for Breach of a Contract: Common Law 11
● Charter v Sullivan: only nominal damages were awarded for the loss of profit of the
claimant when the defendant refused to accept the car they had bought.
● Chaplin v Hicks: late arrival of invitation letter led to the loss of chance to win a
lucrative prize, for which the claimant was awarded £100,000 in damages.
● Anglia Television v Reed: the production company was able to recover all costs
incurred when an actor withdrew from playing the lead role in a television film.
● Jarvis v Swan Tours: damages were awarded for mental distress too when the skiing
facilities and accommodations did not live up to the advertisement.
● Addis v Gramaphone Co Ltd.: the court did not award damages for harsh and
humiliating dismissal of employee.
● Victoria Laundry v Newman Industries: the claimant successfully sued for loss of usual
profits from the date of the breach, but failed to gain damages for loss of profit on a
deal unknown to the defendant when the contract was formed.
● Heron II: the defendants were liable for the loss because they knew there was a sugar
market in the port of destination, and should have anticipated that prices would
fluctuate.
● The Achilleas: The House of Lords assessed damages for late delivery on the
difference between the charter rate and the market rate; the defendant would not be
liable for any other losses that could not have been foreseen.
● Pilkington v Wood: The defendant (solicitor who had bought a house with a defective
title) argued that the claimant could have brought his action against the seller and thus
mitigate his losses in the action against the defendant, but this claim was rejected.
● The Borag: The claimants, owners of the ship, borrowed large sums of money with
unreasonably high interest rates to secure the release of the ship which had been
detained because of breach of contract. They were not allowed recovery of the interest
on the borrowed money, as it was seen as an unnecessary step and thus a mitigating
factor.
● Robinson v Harman: Damages were successfully recovered for the expenses incurred
as well as for the loss in gains/profits.
● It may be explicit, as in the case of Hochester v De La Tour: a travel operator
announced in advance that he would not be fulfilling his contract.
● It may be implicit, as in the case of Frost v Knight: a party stopped himself from
carrying out a promise to marry, by marrying another person.
● Avery v Bowden: Third-party factors (the Crimean War) causing frustration of the
contract to supply goods to Russia led to the loss of claim to damages after affirmation
of a breached contract.
Chapter: Remedies for Breach of a Contract: Common Law 11
● Charter v Sullivan: only nominal damages were awarded for the loss of profit of the
claimant when the defendant refused to accept the car they had bought.
● Chaplin v Hicks: late arrival of invitation letter led to the loss of chance to win a
lucrative prize, for which the claimant was awarded £100,000 in damages.
● Anglia Television v Reed: the production company was able to recover all costs
incurred when an actor withdrew from playing the lead role in a television film.
● Jarvis v Swan Tours: damages were awarded for mental distress too when the skiing
facilities and accommodations did not live up to the advertisement.
● Addis v Gramaphone Co Ltd.: the court did not award damages for harsh and
humiliating dismissal of employee.
● Victoria Laundry v Newman Industries: the claimant successfully sued for loss of usual
profits from the date of the breach, but failed to gain damages for loss of profit on a
deal unknown to the defendant when the contract was formed.
● Heron II: the defendants were liable for the loss because they knew there was a sugar
market in the port of destination, and should have anticipated that prices would
fluctuate.
● The Achilleas: The House of Lords assessed damages for late delivery on the
difference between the charter rate and the market rate; the defendant would not be
liable for any other losses that could not have been foreseen.
● Pilkington v Wood: The defendant (solicitor who had bought a house with a defective
title) argued that the claimant could have brought his action against the seller and thus
mitigate his losses in the action against the defendant, but this claim was rejected.
● The Borag: The claimants, owners of the ship, borrowed large sums of money with
unreasonably high interest rates to secure the release of the ship which had been
detained because of breach of contract. They were not allowed recovery of the interest
on the borrowed money, as it was seen as an unnecessary step and thus a mitigating
factor.
