The Blip Blop Blog (Team Entity)

In deciding whether the plaintiff is entitled to damages for a breach of contract the court will take into account two factors: - i) Causation ii) Remoteness Causation In order for the plaintiff to be awarded damages the defendant must have caused the damage. The damage must be actual and tangible as opposed to something that could or may have caused damage. It however need not be the sole factor that caused the damage. When looking into causation the courts will look into the chain of causation or the sequence of events that led to the damage and in order for the plaintiff to be awarded damages there must not be a break in the chain of causation i.e. the damage must be a direct consequence of the defendant’s actions. In Monarch Steamship Co Ltd v Karlshamns Oljefabriker (1949) the defendants’ ship was chartered to carry soya beans from Manchuria to Sweden. The defendants in the contract had agreed to provide a seaworthy vessel but the ship developed problems and there was

Remedies for a breach of contract are divided into common law and equitable remedies. Common law remedies are divided into: - i) Damages ii) Restitution Damages In Robinson v Harman (1848) it was held that where a party sustains loss by reason of a breach of contract, he is, so far as money can do it to be placed in the same position, with respect to damages, as if the contract had been performed. In order to be awarded damages the aggrieved party must satisfy the three following conditions: - i) The party has suffered some type of loss as a result of the breach. ii) The loss is recognized as a loss that gives rise to compensation. iii) The loss must not be too remote or must be directly foreseeable see The Wagon Mound (1) Loss can be divided into financial loss or pecuniary loss and non-financial or non-pecuniary loss as in instances where the defendant suffers from a mental illness for example in the case of Condor v Baron Knights (1966) where the plaintiff suffered from a mental ill

The banana is the edible fruit of the banana tree. It is a longish fruit, with a yellow outer skin that is easily peeled off and the length of the fruit depends on the type of banana, some are longer than others. There are numerous varieties of bananas; cultivated in different parts of the world and the fruit is high in sugar and potassium content. It is by no means an exotic fruit, it is almost as common as the apple and in certain parts of the world especially in areas close to the equator, the banana tree can grow and thrive in the wild, with almost little or no care and pollination occurs naturally, in most instances without any human intervention, and the seeds of the fruit are often dispersed by animals, usually monkeys, native to equatorial rainforests. The fruit is grown and cultivated commercially, and as the demand for fresh fruit increases, with more and more people becoming increasingly health conscious, and switching to more agrarian diets, the demand for the