免费咨询热线：400-699-1716 
微信
APP
ACCA LW考点：损害赔偿在合同法中的运作方式
文章来源：ACCA官网
发布时间：2021-08-11 14:04
阅读：1465次
Relevant to LW-ENG and LW-GLO
A focus on how the law of damages operates in respect of contract law
A likely consequence of a breach of contract is a claim for damages from the injured party.This article aims to illustrate how the law of damages operates in respect of contract law.
The scenario
Carlos Kickaball is the South American superstar player of the Premier League team Scouse City.As the end of another successful season draws to a close Carlos decides to treat himself to an upgrade of his Cheshire mansion.Carlos contracts with John Wayne Builders Ltd(JWB)to perform the following alterations:
alteration of the swimming pool to include a five-metre deep end and diving platform
construction of a 12-lane ten‑pin bowling alley
construction of a 60‑seat cinema.
During discussions between himself and John,the owner of JWB,Carlos enthused about the proposed diving pool pointing out that it would help improve his already renowned‘diving technique’.
A total contract price of£125,000 was agreed along with a four-week deadline for completion.The parties also agreed that the contract price would be reduced by£1,000 a day in the event of late completion.During final negotiations Carlos revealed to John that he was planning to pay for the work out of a£200,000 bonus he would receive from his club for making 50 appearances that season,adding that he had played in every match so far this season and needed to play just twice more in the last six matches to qualify for payment.
Initially,construction was ahead of schedule and the pool alterations were completed within a fortnight.After checking with John that the pool was fit for use Carlos threw himself off the diving board in trademark fashion only to suffer severe head and facial injuries when he hit his head on the bottom of the pool.It transpired that JWB had not deepened the pool from its original depth of two metres when fitting the diving board,as agreed in the contract.
Unfortunately Carlos was unable to play in the Cup Final the following day due to his injuries and was advised by his doctor that he would also miss the remaining fixtures,leaving him stranded on 49 appearances for the season.
Carlos was even more upset when Goodbye magazine rang him in hospital to cancel the photo shoot planned at his mansion to celebrate the completion of his building works,saying that his face would scare its readers.The stress of the accident caused John to temporarily stop working,and as a result the remaining construction was completed five days behind the agreed schedule.
John has now received a letter from Doowe Cheetah and Howe,a legal firm representing Carlos.The letter detailed the following claims against JWB:【点击免费下载>>>更多ACCA学习相关资料】
A claim of£5,000 for the late completion of the construction work.
A claim for£200,000 for the loss of the appearance bonus.
A claim for£1m for the mental anguish suffered by Carlos as a result of missing the Cup Final.
A claim of£12,000 to rectify the depth of the swimming pool.
A claim of£100,000 for the loss of the photo shoot contract with Goodbye magazine.
Advise JWB as to their liabilities in respect of the claims by Carlos.
How to answer this question
In order to answer questions in an Corporate and Business Law exam you will need two things:
a knowledge of the law
an ability to apply the law.
Each of these will be illustrated below.
Learning legal knowledge
A good way of learning legal principles is to construct diagrams and mind maps.These should contain all of the legal facts,principles and cases relevant to an area of law.Once constructed you should then practise recreating these diagrams until you can do so accurately.
At this point you should notice that jotting down one word such as‘damages’will trigger a lot of associated words helping you recall all of the legal facts and cases associated with a topic.An example of a diagram for damages is shown in Figure 1.
2022年ACCA最新学习资料包
请大家认真填写以下信息，获取2025年ACCA学习资料包，会以网盘链接的形式给到大家，点击免费领取后请尽快保存。
*姓名不能为空
*手机号错误
*验证码错误
考试问答
Weapon
讲师认证：10年以上的四大审计经验
充满激情的逻辑鬼才，财务咨询合伙人，财务规范专家，CICPA/USCPA/HKICPA会员，10年＋财经教学经验，10年+四大审计经验，香港及美国四大工作经历，现为中弘传智咨询集团财务咨询合伙人，独立董事。善于举例与互动，分享经验，结合审计实务，归纳总结知识点，让学生快乐学习。曾培育出AA 大陆Top1，教学方法深受学生认可和喜爱。
免费下载老师推荐的学习资料
免费直播
