However if the plaintiff has made a bad bargain he cannot recover the reliance

However if the plaintiff has made a bad bargain he

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However, if the plaintiff has made a bad bargain, he cannot recover the reliance loss or wasted expenses as held in C&P Haulage v Middleton (1983) . Here, the plaintiff was given a licence to occupy the garage for 6 months which was renewable. The plaintiff installed some equipment even though a clause in the contract stated that any fixtures were not to be removed at the end of the licence. When the defendant breached the contract, the plaintiff sought to recover the expenses incurred in installing the equipment as wasted expenses. The COA held that the plaintiff could not recover the reliance loss to escape from a bad bargain which had been made. The plaintiff can only recover his reliance loss in a bad bargain if the defendant has not provided any consideration at all. Which to claim? In Cullinane v British “Rema” Manufacturing Co Ltd (1954) , the COA held that as a general rule, the plaintiff can only claim either expectation losses or reliance losses and not both. This was endorsed in C.C.C Films (London) Ltd v Impact Quadrant Films (1985) . However, in Hydraulic Engineering , the plaintiff may claim both expectation losses and reliance losses if there is no overlap. (The lecturer still thinks this case is overlapping and there is no any cases after this) If the plaintiff cannot prove his loss of profit, he can only claim reliance losses. This is seen in McRae v Commonwealth Disposal Commission (1951) , where the plaintiff contracted to salvage a tanker and incurred expenses in buying equipment. No tanker was found. The plaintiff claimed the wasted expenses (reliance losses) and also the loss of expected profits (expectation losses). The Australian HC held that the plaintiff could claim the wasted expenses which could be proved but not the loss of expected profits which could not be proved. Which claim is generally more easier to claim? It is believed that reliance losses are easier to claim because it is wasted expenditure, you can easily prove to the court what you have incurred by showing the invoices and receipts. However, for expectation losses, since they are future events and profits are always hard to predict, as such experts are require to predict and evaluate. Restitution of Monies Paid to the D In Yong Mok Hin v United Malay States Sugar Industries (1967) , the court held that there is restitution under s.65 and s.66 for breach of contract. s. 66 provides that any person who has received any advantage must restore or compensate for it. The advantage (advance payment) received by the defendant will be refunded. This advance payment can also be regarded as wasted expenses (reliance loss). Hence, the plaintiff can claim the advance payment as restitution under s. 66 or as reliance loss. Non pecuniary losses Non pecuniary losses are losses that are non-monetary in nature. There are losses that are not easily quantifiable. The courts are generally reluctant in commercial contract to award damages for non pecuniary losses. They are generally more common under the law of tort.
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