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ending contracts - Coggle Diagram

- - - - British Columbia Saw Mill v Nettleship horse shair badly repaired, man late to wedding, married someone else, blacksmith responsible
      - *Hadley v Baxendale - repairs took a week (not 1 night), mill had to close, - has to flow naturally from breach of contract and *in contemplation of both parties at time - didn't flow naturally if so vital should have spare part
      - McGrath v Kiely adapted Hadley in Ireland
      - Lennon v Talbot 3 limbs damages fairly and reasonably arising naturally from breach, reasonably in contemplation of both parties at time of breach as probable result, any special circumstances communicated
      - Victoria Laundry v Newman Industries boiler 5 months late, lost profits had to turn away work and lost dyeing contract - could not have foreseen loss government contract but allowed for rest of owrk
      - Balfour Beatty construction projected ruined by temporary power cut, no special communication - too remote
      - Kempt v Intasun book family holiday, said in informal conversation husband asthamtic - could recover for difference in holiday not for asthma attack
      - Supershield v Siemens Hadley still good law, can be displaced if loss within scope of contractual duity
    - - restitutionary - money paid back
      - reliance - incurred expenditure
      - expectation - lost profits
      - can't recover for same loss
        
        Anglia television v Reed lead actor pulled out of film late, actor liable for expenditure after he joined the film, = succeed to recover all invested in picture - couldn't recover potential profits
        
        Bowlay v Domtar transport logs to mill, didn't supply enough trucks to transport logs, no damages awarded as would have incurred further loss
        
        C & P Haulage not courts job to put party in better position
      - intangible loss
        
        lost chances
        
        Chaplin v Hicks - contest, 12 winners out of 50, opportunity to participate has value - 1 in 4 should be factor
        
        Hawkins v Rodgers horse racing partnship dissolved, withdrew horse - look at horse in subsequent races and stakes in races withdrawn from
        
        McRae v Commonwealth Disposals Communion salvage rights sold to wreckage, no wreck - damages based on how much pent prepared
        
        emotional distress
        
        Hobbs v London & SW railway - train journey diverted, walking with rain, compensation for inconveience to walk home none for distress
        
        Jarvis v Swan Tours - holdiay brochure, disappointmentt not as advertised, recovered if whole purpose is to provide entertainment
        
        Dinnegan v Ryan publican denied access to wedded couple and guests, essence of contract ruined
        
        O'Keefe v Ryanair free flights, emotional damages awarded
        
        Murray v Budd - compensation not recoverable for breach of contract leading to non-financial loss (commercial contract particularly_
    - - penalty clauses not allowed
      - Dunlop Pneumatic Tyre agreement, price difference would pay damages, look if damages in proportion to possible consequneces of breaches and if it varies for different breaches, is sum extravagent and unconsionable, sum greater then what ought to have been paid
      - O'Donnell v Truck and Machinery approved Dunlop
      - Ford Motor Company not allowed even though called liquidated damages clause - same for all breaches no matter severity
      - english approach
        
        Parkingeye v Beavis carpark row, can protect legitimate interest if not out of proportionate ~(charging overstayers allowed)
        
        Cavendish Square primary motive not to punish but to protect legitimate interest
      - Irish approach - ACC Bank v Friends Management look if genuine pre-estimate loss or probable loss due to breach
        
        Sheehan v Breccia shareholders in blackrock clinic - penalty clause as not a genuine estimate of loss or damage (surcharge interest charge)
    - - *Lennon v Talbot* no obligation to enter new agreement on less favourable terms
      - Golden Strait Corporation breach after 3 out of 7 year - war broke out, warclause in original contract - war could be taken into account whenassessing damages
      - Dundalk Racing v Hyland - bookmakers and race track - can't recover loss would have avoided if acted reasonably - offer had been made that didn't require bookmakers give up rights or principles
      - LK Shields v Roseberg - SC greatly reduced damages for negligence around failure to register land - had been rectified - once rectified they could have mitigated their loss by selling it then - could not be held liable after remedied the situation
  - - - Duffy v Ridley Properties can award damages instead of specific performance, even when damages weren't initially asked
      - Joyce v O'Shea damages awarded after specific performance not followed
    - - Sky Petroloeum v VIP Petroloeum oil crisis, ongoing supervision not required - clear cut
    - - Ryan v Mutual Tontine Westminster night porter, court didn't order don't want ongoing supervision
    - - go for injunction instead
      - Lumley v Wagner contract to sing at venue, injunction granted to prevent from singing elsewhere
      - Warner Bros v Nelson injunction against actruess from making movies for other studio
      - PAge One Records employed as managed, hired another - injunction refused - couldn't function without manager would equate to specific performance
    - - Patel v Ali not orderedif cause undue hardship (lost leg, 3 children and bankrupt)
- - - - Cutter v Power no full performance so no payment
      - Vigers v Cook - contract to conduct funeral entire - all or nothing
    - - Hoenig v Isaacs - failure to put in book case, substantial compliance put in place
      - Kincora failure to put in insulation -not substantial compliance
  - - - Athlone v Campbell defendants wrote letter, no longer wanted it done - by one party
      - breach be serious Decro Wall
      - breach be deliberate Continental Oil v Moynihan if honestly believed fulfilling contractual obligations not a repudiatory breach
      - anticpatory repudiatory breach
        
        White and Carter v McGregor - advertising contract, after agreement wanted to cancel, refused, did advertising other side refused to pay- court had the right to carry out entire contract
        
        Hochster v De La Tour - agreed to be courier, told no longer needed, contract not yet started, - held - can sue before breach happens if expect it to happen
    - - Dundalk Shopping Centre v Roof Spray
    - - Hon Kong Fir Shipping
  - - - Paradine v Jane no frustration, entered contract in absolute terms
      - Taylor v Caldwell hire hall for concert, burnt down - contract frusted - impossible to perform
    - - *Davis Contractors v Fareham* only changes were commercial risks and no longer making profit not frustration
      - Conginex v Tradax not frustrated if no longer commercially advantageous to complete contract
    - - bound by contract which something becomes impossible, contract obligation no longer possible, not lightly applied, can't be due to one of the parties, event be unexpected - if one party anticipated and didn't incorporated should be able to rely on frustration
    - - Ringsend v donatex doctrine narrow- outside contemplation of both parties - no such defence as partial frustation
    - - death of party Keon v Hart
      - unavailability of subject mater
        
        Tamplin Steamship - 5 year contract, no frustration before end of contract - use it to complete rest of contract
        
        Jackson v Union Marine Insurance ship ran aground, needed repairs, delay frustration
      - destruction of the subject matter
        
        Taylor v Caldwell music hall burnt to ground
        
        Asfar v Blundell goods sunk, damaged (not destroyed), contract set aside
    - - Zupen hardship or inconvenience doesn't create frustration - requires either impossible or raddically different obligation
      - Tsakiroglou v Novlee suez canal closed, no frustration, able to travel around good hope - no date for contract to be completed and goods not damaged
      - Aranbel v Darcy unable to afford it subseqently, no point in specific performance if can't actually fulfil contract - damages awarded instead of specific performance
    - - Hearne Bay Steam Boat boat hired to view naval review - postponed - not frustrated could still enjoy cruise and view fleet
      - Krell v Henry coronation, rooms overlooking, no reference in contract, but frustration foundation of contract to see coronation
      - Chandler v Webster coronation case
    - - McGuill has to be unforeseen, if one party contemplated or aware can't claim frustration
    - - Constantine Line ship exploded - up to ship owners to prove they weren't negligent to benefit
      - Herman v SS Vica ship owners have to get permit, didn't have papers - no frustration their responsibility to get proper papers
    - - depends when frustration hapens - all obligations prior still in place - Krell v Henry deposit still owed but didn't have to pay the balance
      - UK legislation on this
      - Chandler v Webster another coronation case - not entitled to recover damages before became impossible
      - Apple v Myers no obligation to complete extra work after fire - not entitled to sue for the work done
      - total failure of performance
        
        Fibrosa selling machine to poland, war clause, polish company paid part of the deposit, the clause did not prevent frustration of the contract - the deposit paid was conditional payment and since complete failure of performance entitled to deposit back
    - - Foot Locker - no partial frustration (rent arrears due to covid) - partial frustration would go against frustration itself - would be benefiting from it with no consequences 0 paying rent fundamental part of contract
      - Oysters Shuckers - obligation to pay rent fundamental part of lease, may be suspended due to terms in lease - could not be implied - no contemplation of pandemic but drafted during the troubles and not mentioned