Beruflich Dokumente
Kultur Dokumente
Remedies
Specific
Damages Quantum meruit performance
and injunction
Unliquidated Liquidated
Damages Damages Specific Relief Act, 1963
Unliquidated Damages : Sec 73
Necessary Conditions of Damages
• Hadley v. Baxendale ( Mill Crankshaft Case)
– Damages arise naturally : General Damages
– In contemplation of parties : Special Damages
• Victoria Laundry Ltd v. Newman Industries Ltd
– Foreseeability : Imputed Knowledge & Actual Knowledge
• Heron II Kofush v. Gzurikov Ltd
• Simpson v. London & North Western Railway Co
• Dominion of India v. All India Reporter
– Special circumstances to be known to the defendant
Similarity
Obligations And Duty Created
Between Persons
Dr. Winfield: a liability not exclusively referable to any other head of law,
imposed on a particular person to pay money to another, on the ground of
unjust benefit.
Dr. Jenks: a situation in which law imposes on one person, on the ground of
natural justice, an obligation similar to that which arises from a true contract,
although no contract, express or implied has in fact been entered into by them.
Kinds
1. Claim for necessaries supplied to person
incapable of contracting : Sec 68
• The things supplied must be necessaries
Binstead v. Buck
5. Liability of person to whom money paid or things
delivered under mistake or coercion: sec 72