Contract Law Terms and Conditions
Damages
• When discussing non-pecuniary damages (pain and suffering; loss of state of mind; etc.) law tends to view these heads of loss with suspicion.
o Though jurisprudence says we will compensate for these, it awards these damages somewhat… begrudgingly.
• Addis v. Gramaphone Co. – page 99 held that an employee that had been wrongfull dismissed was […]
Damages in Contract Law
Contracts and Torts
• The relevance of tort principles and contract principles differ in different scenarios.
• when trying to determine whether a pre-contractual utterance is of legal significance, and whether that significance sounds in contract or sounds in tort, it is an either/or choice.
• Most pre-contractual utterances don’t have any legal significance, but supposing it does […]
Scots Law of Contracts
Heilbut, Symons, v. Buckleton p. 661 (cont’d from last day)
• Rubber company case.
• P not suing on the contract itself. The contract is not a broken one.
• The complaint is regarding what went on prior to entering into the contract.
• At trial, P argued that “we are” is a representation; a statement of existing fact.
• […]










