DAMAGES

The focus is on one of the most used pieces of law in the entire common law world, which is the rule established in the precedent case of Hadley v Baxendale (1854). This case established the rights of an injured (non-breaching) party who has suffered a loss of income as a result of a breach of contract. The case has served as a basis for calculating damages for over 160 years, and this law is used in court by lawyers every day: from Australia to the USA to the UK.

 

Course access: this online legal English course will be available for 40 days after purchase.

 

At the end of this course in English for lawyers, you will know more about:

  • the remedies available to the common law courts in breach of contract cases and the general legal terminology involved in breach of contract cases 
  • the award of an Order of Specific Performance to remedy a breach of contract
  • the award of a Prohibitory Injunction to remedy a breach of contract 
  • the duty of the injured party to mitigate a loss caused by a breach of contract 
  • the importance of the precedent case of Hadley v Baxendale (1854), and the establishment of ‘the Hadley rule’ in the common law 
  • the concepts of direct loss and indirect loss in contract law 
  • the requirement that a loss be reasonably foreseeable by the defendant in a claim for damages 
  • the important case of Victoria Laundry v Newman Industries (1949), and how it confirmed the Hadley rule 
  • a court’s requirement of a schedule of loss in litigation based on breach of contract 
  • some key legal English dictionary terms that are essential to practising commercial law at an international level

 

Great practice for ALL THREE LEVELS of the TOLES exams in legal English.