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Remedies for Breach of Contract - Coggle Diagram

- - - - Causation in Fact
        
        'But-for' test: Plaintiff must show that his loss would not have occured but for the defendant's breach of contract
      - Remoteness: Causation in Law
        
        Will not award damages if loss is too disconnected from breach
        
        Hadley v Baxendale
        
        Limb 1: Arise naturally, i.e. according to normal course of things
        
        Koufos v C Czarnkow Ltd (The Heron II) 1969
        
        Limb 2: Has been in reasonable contemplation of parties at time of contract
        
        Victoria Laundry Ltd v Newman Industries Ltd 1949
      - Mitigation
        
        Taking reasonable steps to reduce and minimise the severity of losses caused by breach, by seeking alternative sources to rectify the problem
        
        The Asia Star 2010
      - Assessment of (non-liquidated)Damages: Measure of loss
        
        To put the innocent party, so far as money can do it, in the same position he would have been if the defendant had properly carried out the contract
        
        Pecuniary Losses
        
        Expectation Loss
        
        Chaplin v Hicks 1911
        
        Examples of bases of claims under EL:
        
        Cost of Cure (Hoening v Isaacs)
        
        Diminution in Value (Raffles Town Club v Tan Chin Seng & Others 2005)
        
        Loss of Amenity (Ruxley Electronics Ltd v Forsyth 1996)
        
        Reliance Loss
        
        Anglia Television Ltd v Reed 1972
        
        Incidental Loss
        
        Time of assessment
        
        Compensatory damages are to be assessed at time of breach
        
        Su Ah Tee v Allister Lim & Anor 2014
        
        Assumptions:
        
        Plaintiff knows of breach as soon as it is committed
        
        Plaintiff couldd have taken reasonable steps to mitigate his loss at that point
        
        Reasonable for him to take such steps
        
        Non-Pecuniary Loss
        
        Haron bin Mudir v Singapore Amateur Athletic Association
        
        Exceptions:
        
        Holiday/Enjoyment cases - The Jarvis exception
        
        Jarvis v Swan Tours 1972
        
        Where an important (not necessarily the sole) object of the contract is to give pleasure, relaxation, peace of mind (Farley v Skinner 2001)
        
        No loss = Nominal damages awarded