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Chapter

Cover Essential Cases: Contract Law

Watts & another v Morrow [1991] 1 WLR 1421  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Watts & another v Morrow [1991] 1 WLR 1421. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Essential Cases: Contract Law 5e

Watts & another v Morrow [1991] 1 WLR 1421  

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Watts & another v Morrow [1991] 1 WLR 1421. The document also includes supporting commentary from author Nicola Jackson.

Chapter

Cover Complete Contract Law

9. Remedies Part I: Compensatory Damages Following a Breach  

This chapter explores compensatory damages following a breach of contract. Such damages are aimed at compensating the innocent party for any losses it has suffered that were caused by the breach. However, it cannot expect to receive whatever amount of money it demands and it will usually be faced with a dispute about which losses are claimable. For example, lost profits should be claimable, but what about compensation to cover the costs of correcting a breach? Beyond financial losses, is it possible to claim for injured feelings, harm to reputation, or even loss of enjoyment or disappointment? The chapter examines the detailed rules about the types of loss that are claimable. It then looks at how the courts have developed rules for recognizing a wider range of losses. The chapter also addresses the related issue of parties agreeing in advance the amount of damages to be paid following a breach.

Chapter

Cover Street on Torts

4. Duty of care III: property damage and purely financial loss  

This chapter is concerned with duties of care that arise when the claimant suffers either property damage or purely financial loss (that is, loss not attendant on physical damage or on any other primary interest recognised in negligence). Again, we find that duties of care are quite expansive with respect to property damage when the claimant owns or possesses the property in question. By contrast, duties of care are restricted with respect to purely financial losses. The most frequently upheld duties in the latter category cover negligent misstatements and the negligent provision of professional services, the scope of which is dictated by application of the Hedley Byrne v Heller framework or some variant of it.

Chapter

Cover O'Sullivan & Hilliard's The Law of Contract

16. Remedies I: compensatory damages  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on compensatory damages, the principal remedy for breach of contract, and explores the actionable types of loss. It deals with the various measures of damages, how they are quantified, and discusses the circumstances in which the claimant can recover for non-financial loss. It explores principles of causation and the remoteness of damage test for breach of contract, the requirement of mitigation, and the defence of contributory negligence.

Chapter

Cover Introduction to Company Law

8. Liability and Enforcement  

The effective enforcement of law requires that liability be appropriately allocated, that those with the appropriate incentives be in a position to enforce the liabilities thus created and that the sanctions available be effective. Otherwise, the substantive law may be ineffective in practice.This chapter examines these issues in relation to companies and individuals connected to companies in three contexts: civil law (mainly contract and tort), criminal law, and regulatory rules. Although much of the background law is of general application, it applies in a particular way to companies and individuals engaged in corporate activities.

Chapter

Cover Company Law

13. Specific conflicts—CA 2006, Part 10, Ch 4, and Ch 4A  

This chapter considers provisions of the Companies Act 2006 (CA 2006), Pt 10, Ch 4, and Ch 4A. These provisions regulate transactions with directors where there is an acute conflict of interest between the director’s personal interests and his duty to the company and so, typically, the statute requires prior shareholder approval of the transaction. The relevant provisions address: directors’ service contracts (CA 2006, ss 188–189); payments for loss of office (CA 2006, ss 215–221); for quoted companies (which must have a directors’ remuneration policy)—remuneration payments and payments for loss of office (Ch 4A); substantial property transactions (CA 2006, ss 190–196); and loans and similar financial transactions (CA 2006, ss 197–214).