This course is about claims in court based on breach of contract and the remedy of damages, which is the most common solution sought by claimants in such cases.
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.