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90 Pages • Complete Study Notes • Year: Pre-2021
c. In contract the damages look forward to the position if the contract had been performed. Whereas in tort it looks back as if the tort had not been committed. Both are compensatory in nature. 2. Elements a. Cause of Action – onus on plaintiff i. Breach of contract is the cause of action. ii. Common law right to damages in all contracts in the event of a breach: Photo Production Ltd v Securicor Transport Ltd. 1. A breach alone allows a plaintiff to claim only nominal damages: O’Connor v SP Bray Ltd (1936); Luna Park (NSW) Ltd v Tramways Advertising Pty Ltd HCA. iii. Plaintiff must provide actual loss for full compensatory damages: Erie County Natural Gas & Fuel Co Ltd v Samuel S Carroll (1911). iv. Termination only requ...
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