1. Today:
Private Law:
Contract Law – Cases

2. Recall: Key concepts in Contract
• 3
Lawof
requirements a contract
• Meeting of the minds
• Consideration
• Intention to enter into legal relationship
• Courts generally hands−off, but aim to enforce
intention of the parties
• Circumstances when Courts won’t enforce contract
• Damages
• Remoteness

3. Hadley v. Baxendale, 9 Exch. 341,
156 Eng. Rep. 145 (1854).

4. Hadley v. Baxendale, 9 Exch. 341,
156 Eng. Rep. 145 (1854).
Can a defendant in a breach of K case be held
liable for damages they were not aware would be
incurred from a breach of the contract?

5. Anglia Television Ltd. v Reed, Ct.
of App. England 1971.

6. Anglia Television Ltd. v Reed, Ct.
of App. England 1971.
Is the defendant liable for expenses incurred
before he entered into the K with the plaintiff?

7. Whiten v. Pilot Insurance Co., 2002
SCC 18.

8. Whiten v. Pilot Insurance Co., 2002
SCC 18.
When are punitive damages available?

9. Deglman v. Guaranty Trust Co.
of Canada and Constantineau,
[1954] S.C.R. 725.
Was there a K, and if so what damages are
available to the nephew?

10. Thomas v. Thomas, 2 QB 851; 114
E.R. 330.
Is the quantum of the payment too low
to be consideration for the agreement?

11. White v. Bluett (1853), 23 LJ Ex
36.
Does forebearance from complaining to
one’s father serve as consideration for a
contract?

12. Hamer v. Sidway, 124
N.Y. 538, 27 N.E. 256
(N.Y. 1891).
Was there consideration for the nephew’s
agreement to abstain from smoking, swearing
and gambling in exchange for $5,000?

13. Jones v. Padavatton, [1969] 1
W.L.R. 328, All E.R. 616.
On these facts, was there an intention to
create a legal relationship?

14. London Drugs Ltd. v. Kuehne &
Nagel International Ltd., [1992] 3
S.C.R. 299.
Are the employees covered under the
limitation of liability, or are they excluded
by the doctrine of privity?

15. Next class…
• Private Law: Tort Law
•Basic Concepts: pp. 95−101 and 137−146