16/09/2022

Contractual claims – tortious claims

 Remote loss- cannot recover – plaintiff

 Inconvenience-can be recovered
 Punitive damages- higher than the actual damage
 Gross negligence leads to punitive damages
 Tort – both civil and criminal cause (right in rem)
 Contract – civil cause (right in personam)

Tortious and contractual liability

 Nature
 Special circumstances:
a. If known – can be recovered
a----b-----known-c
A is liable to pay to both b and c
b. If unknown- cannot be recovered:
A-----------b-------------unknown –C
A is not liable to C but liable to B

 Award of damages – sec 73

 Anticipatory breach
 Actual breach
 Both breach – aggrieved party can complain-rewarded compensation
 Inconvenience caused to plaintiff – recovered