damages

Topics: Tort, Breach of contract, Judicial remedies Pages: 6 (1433 words) Published: November 10, 2013
UGANDA CHRISTIAN UNIVERSITY (MUKONO)

NO.
NAME
REG.NO
SIGNATURE
1.
TUMUSIIME CLARE
M13B12/806

2.
KAYEZU CLAIRE
M13B12/315

3.
ABAHO ELIZABETH
M13B12/001

4.
AKTENG DOREEN
M13B12/006

5.
TASHISHANA SAM
M13B12/805

6.
APILI CHARITY
M13B12/024

7.
ADEKE ESTHER
M13B12/023

8.
AROT ESTHER
M13B12/022

9.
NAMBOOZE GLADYS
M13B12/503

10.

COURSE: BACHELOR OF PROCUREMENT AND LOGISTICS MANAGEMENT.

COURSE UNIT: LEGAL ASPECTS AND SUPPLY CHAIN MANAGEMENT.

LECTURER: MADAM MPIRIRWE COMFORT

TUTOR: MR. EMERU RONALD

QUESTION: REMEDIES FOR BREACH OF CONTRACT.

NAMES OF THE DISCUSSANTS AND THE TOPICS THEY ARE HANDLING.

Introduction of the discussants- Adeke Esther

Introduction of damages – Tashishana Sam

General damages – Tumusiime Clare

Special damages – Apili Charity

Nominal damages – Nambooze Gladys

Contemptuous damages – Akiteng Doreen

Punitive damages – Tumusiime Clare

Contemptuous damages – Akiteng Doreen

Exemplary damages – Abaho Elizabeth

Liquidated damages – Abaho Elizabeth

Unliquidated damages – kayesu Claire

Speculative, ordinary, damage for loss of reputation and aggravated damages. Damages
These are compensation to the injured party for the loss after the contract has been breached by one of the contracting parties. The objective is to place the injured party in the same position he would have been if the contract had been respected and not breached. These are not a punishment to the party that breached the contract nor is it a way of intimidating the party into performing it’s duties by fear of a penalty if he does not. The following are the different kinds of damages;

General damages
Compensation is left for the court to handle; they put a monetary figure to them. The plaintiff must prove that they incurred the loss for the court to asses the damages, but it’s not possible to assess the precise loss. They are determined by the judge. They compensate the injured party for the specific loss suffered. For example, company A contracts company B to construct a building for them. Company B breaches contract and fails to complete the building. Company A sues company B for breach of contract and proves losses and the court assess how much company B should compensate company A and put a monetary figure to them.

Punitive damages
They are a money compensation awarded to an injured party, which goes beyond that which is necessary to compensate the individual for losses and is intended to punish the wrongdoer. For example a drug company willingly lies to James. If James suffered a loss of € 100, the company will give the plaintiff €100 but the judge or the jury will make the company pay James more so that it does not tell lies about its drugs ever again. Special damages

Theses damages can be precisely calculated, genuinely pre-determined and quantified. The contracting parties must have agreed on the damages in case of breach of contract. They are those that result from the breach of a contract under some special circumstances. If a special loss is likely to be incurred because of breach, this should be communicated to the other party otherwise special damages will not be awarded. These damages only compensate for the loss incurred by the plaintiff. For example, Samson verses Uganda railways; in this case Samson a manufacturer is exhibiting samples of his equipment at lugogo trade show. He delivers his samples to the railway station for transportation to lugogo, he agrees with transporter that his goods are delivered to lugogo by Monday. On the account of negligence of the transportation company, the samples reached after the trade show had ended. Samson claims damages for his loss of profits. A taxi driver takes his taxi to the mechanic for repair and the mechanic is positive that he can repair the taxi and tells the taxi driver when to pick it. But the two contracting parties agree that for each day that passes by...
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