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Additional damages after breach of contract.

Additional damages after breach of contract.

Postby Hairyloon » Wed Jul 19, 2017 12:51 pm

I recently read a tale of a chap who was trying to claim over £100 compensation from a supermarket because their oven ready chicken turned out to be green inside.
His argument was that because the chicken was green they had to throw everything away and go to the pub for dinner.
Clearly that comes into the category of trying it on, but is the principle unsound? I think it would be reasonable to expect damages to cover the costs of collecting a hot cooked chicken, although that would still exceed the cost of the original chicken. At what point would damages be considered disproportionate?

NB, The question is about the general principle: the chicken story is just for example.
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Re: Additional damages after breach of contract.

Postby atticus » Wed Jul 19, 2017 1:12 pm

The damages awarded should be those which are a foreseeable consequence of the breach of contract.
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Re: Additional damages after breach of contract.

Postby Hairyloon » Wed Jul 19, 2017 1:20 pm

Does disproportionality not come into it?
In the example, alternate dinner plans are clearly a foreseeable consequence of an unfit chicken.
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Re: Additional damages after breach of contract.

Postby atticus » Wed Jul 19, 2017 1:46 pm

Sorry, reasonably foreseeable.
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Re: Additional damages after breach of contract.

Postby Hairyloon » Wed Jul 19, 2017 2:19 pm

Reasonably foreseeable is not the same as reasonable and foreseeable...
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Re: Additional damages after breach of contract.

Postby atticus » Wed Jul 19, 2017 2:29 pm

That is correct.
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Re: Additional damages after breach of contract.

Postby Hairyloon » Wed Jul 19, 2017 3:05 pm

So damages would need to be reasonably foreseeable, but not necessarily reasonable.
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Re: Additional damages after breach of contract.

Postby atticus » Wed Jul 19, 2017 3:08 pm

It is possible that damage that is reasonably foreseeable may be really quite substantial in comparison with the original contract sum.
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Re: Additional damages after breach of contract.

Postby dls » Wed Jul 19, 2017 4:07 pm

Even so, this case is coming it a bit strong
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Re: Additional damages after breach of contract.

Postby diy » Wed Jul 19, 2017 9:02 pm

Is this the muscle wasting thing? My understanding is that they are still edible. Though I'd probably go veggie that day if it was me.

As I understand it the claim is for the cost of a replacement chicken not necessarily at the same price
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