Distress Distress resulting from a contract was the basis of Lord Scott’s decision in Farley v Skinner. Distress is different to consumer surplus in that it actually results in a negative experience, physically or mentally, for the individual. Consumer surplus relates ...

Reliance measure The reliance measure aims to put the claimant back in the position he was before the contract was made. This is relevant for where one of the parties has incurred expenditure in preparing for their side of the ...

Compensatory damages In order to assess whether an innocent party may be entitled to damages, there are six things that should be considered: Has the claimant suffered any loss? Is the loss suffered actionable? Did the breach of contract cause ...

There are a number of different remedies under English law. The next chapter will cover all of these, but this chapter will focus solely on the most common and sought after remedy - damages. Damages in contract law can be ...

The results and outcomes of cases where fair procedures were omitted by the employer have resulted in time consuming and costly outcomes. It is apparent that engaging in the fair procedures processes are essential when dealing with the termination of ...

The issue of employment status is of fundamental importance to the implementation and administration of employment law. The classification of those in employment determines, at an initial level, the application of rights and obligations under legislation concerning employment protection, social ...

Vicarious liability is a word that combined with two elements which are vicarious and liability. Vicarious means felt or experienced by reading or watching about somebody else to do something rather than by doing it yourself. And, liability means the ...

Courts may hold employers, such as corporations and hospitals, and individuals, such as automobile owners and parents, vicariously liable for employees’ or others’ misconduct. However, employers and individuals may assert legally cognizable defenses that reduce and, in some circumstances, eliminate ...

In certain circumstances, people can be vicariously liable for the misconduct of others even when such misconduct occurs outside of a formal employer-employee relationship. In this module, we will consider the extent to which: (1) parents can be vicariously liable ...

Continuing with our discussion of vicarious liability in an employment context, in this module, we will consider whether: (1) federal and state governments can be vicariously liable for employees’ misconduct; (2) hospitals can be vicariously liable for employees’ misconduct; and ...