Situations where the damages will be granted a physical loss injury or

Situations where the damages will be granted a

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Situations where the damages will be granted:
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(a) physical loss, injury or inconvenience and discomfort Hobbs and Wife v The London And South Western Railway [1875] The court held that the plaintiff was entitled to damages for the inconvenience suffered in consequence of having to walk home as the rain took them to the wrong destination at three in the morning. However, the plaintiff could not recover for the illness of the wife (owing to fact it was drizzling and they has to walk for 4 to 5 miles ) and her medical expenses it was too remote. (b) pain, suffering, loss of amenities and expectation of life (Contract of pleasure) Jarvis v Swan Tours Ltd [1973] The COA held that the purpose of the contract was to give peace of mind and a good time during the holidays. Thus, the plaintiff was allowed to claim non pecuniary losses for breach of the contract. (c) Injury to feelings and mental distress James Yu v Raffles Hotel Ltd [1988] The defendant served the wrong food and at the wrong time in a wedding dinner.The court allowed the plaintiff to claim non pecuniary losses for embarrassment. However, more often the court reluctant to award damages for any injury to feelings. Addis v Gramophone Co Ltd [1909] , where the plaintiff sough to recover damages for the humiliation he has suffered in being sacked from his job. The HOL held that he could not recover damages for injury to his feelings. In order to claim these damages, they are subjected to 6 principles of damages. 6 Principles of Damages 1. Causation It is governed by the s.74(2) CA 1950 . The plaintiff must show that his losses were caused by the defendant’s breach and that thee is no break in the chain of causation between the defendant’s breach and the plaintiff’s losses. The chain of causation may be broken by an act of 3rd party, an unreasonable act of the plaintiff himself, or by natural events. In Re Monarch Steamship Co [1949] , the defendants transported the plaintiff’s goods in a ship which was not ship worthy causing a delay to reach the destination. When war broke out, the plaintiffs goods had to be transferred to a neutral ship to reach the destination. The plaintiffs sought to recover the costs for breach of contract. The defendant argued that the outbreak of war broke the chain of causation. The HOL rejected the defendants argument and held that the outbreak of war was a likely event and did not break the chain of causation.
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2. Remoteness The plaintiff must show that the losses suffered are not too remote in order to recover them. In English law, the test for remoteness of damages was laid down in Hadley v Baxendxale [1854] . A shaft in the plaintiff’s mill broke down and the plaintiffs hired the defendant to transport the shaft to repairers and to bring it back after repair. The defendant delayed returning the shaft causing the mill to be closed longer. The defendant did not know that the plaintiffs did not have spare shaft. The plaintiffs sued for loss of profits as damage for breach of contract. The court held that losses which are too remote are not recoverable. However, the losses are not too remote if they are:
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