Saturday, August 24, 2019

Contract law Case Study Example | Topics and Well Written Essays - 500 words

Contract law - Case Study Example Sunburst deliberately breached the agreed full specification to make extra profit by selling the plaintiff’s wood to a different client. 2. The case is exceptional and normal remedy is inadequate in compensating the breach of contract and thus an order on the defendant to account for all profits. Sunburst had harmed the plaintiff by leading to the loss of amenity and making a profit of 6000. The sale of the mahogany to a different client in the pursuit of greater profits was a breach of the contract. The court should ensure that the defendant does not benefit from the breach of contract by disgorging the profits to the plaintiff. The remedy of 1000 is not enough as remedy to the plaintiff as they will suffer the loss of amenity and the value of their preferred type of mahogany. 3. The case should ignore the general rule of duty to mitigate loss which is applicable to the claim of damages as in the case of White & Carter (Councils) Ltd v McGregor  [1961]. Hasting should not be obliged to accept the breach of contract and should be compensated in full the value of the initial mahogany to be used  £30000  or get a replacement of the mahogany used as opposed to the  £1000  damages. Sunburst harmed the plaintiff by leading to the loss of amenity and making a profit of 6000. The sale of the mahogany to a different client in the pursuit of greater profits was a breach of the contract. The court should ensure that the defendant does not benefit from the breach of contract by disgorging the profits to the

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