新西兰代写-预期损害赔偿中的违约案例分析

新西兰代写-预期损害赔偿中的违约案例分析。预期损害赔偿中最重要的违约案例之一是Hadley诉Baxendale一案。众议员145。在这个案例中，在一个磨坊，一个曲柄轴最终断裂了，磨坊主不得不考虑把这个部件送到制造商那里去做一个新的，应该是完全一样的(Danzig, 1975)。磨坊的主人和用来运送曲轴的快递员已经签订了一份合同，要在第二天把它送到制造商那里。然而，快递员违反了合同，直到几天后才发货。快递员被厂方告上法庭，要求赔偿如果按时交货他本可以获得的利润损失。虽然法院已排除了追偿利润损失的可能性，但有人指出，在这类案件中，受害方可以要求因违反合同而自然造成的损害赔偿。接下来论文范文新西兰代写-预期损害赔偿中的违约案例分析分享给留学生阅读。

One of the most significant case examples for breach of contract under expectation damages is that of Hadley v. Baxendale, 156 Eng. Rep. 145. In the case, at a mill, a crank shaft ended up breaking and the owner of the miller had to consider sending the piece to the manufacturer for making a new one that should be exactly the same (Danzig, 1975). The owner of the mill and the courier that was used for sending the crank shaft had been involved in a contract to deliver it to the manufacturer the next day. However, the contract was breached by the courier and the delivery was not made until several days. The courier was sued by the mill for the loss of profits that he might have made if the delivery was done on time. Though the recovery for loss of profits was ruled out by the court, it was mentioned that in these types of cases, the injured party can claim for the damages caused naturally as contract is breached.
Further ahead, in the case of Hawkins v. McGee, 84 N.H. 114, 146 A. 641 (N. H. 1929), Hawkins went through a surgery for repairing scar tissue on his hand as a result of a burn. 100 per cent guarantee was provided to Hawkins by McGee. However, as a result of certain medical complication, success was not achieved in the surgery and Hawkins was provided with a hairy hand. Damages were sought by Hawkins for breaching the contract because of the failure of McGee for the delivery of performance that includes suffering and pain (Boshkoff 1991). The claims of tort could not be brought by Hawkins as no negligence had been proved.
Even though the above mentioned cases were unsuccessful in claiming the expectation damage, in the case provided for the paper, it will be favourable for claiming the damage under the provision of contract law.

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