2: Traditional Approach in Contract Law regarding non pecuniary losses 1. Issue Identification The study examined in this section of Contract law assignment revolves around the Contract Law of Australia that is completely based on English law but no separate formation of law has been made by the authority. Based on the English contract law, it can be stated that breach of contract can be recovered based on awareness to compensate financial losses (Barnett, 2016). In terms of non-pecuniary losses, it can be stated that initially this type of loss has not been properly considered but subsequently separate provisions have been considered to compensate non pecuniary losses. According to the Contract Law, damage may be financial and non-financial and this context the law says that actual loss is needed to be identified. The main issue which may arise if non pecuniary losses are not properly compensated is sufferings of Plaintiff. The plaintiff has the right to make an appeal to the court regarding non pecuniary losses but if defendant can easily defend the issue it reveals the weakness of the court. The second issue outlined in the case scenario of Contract law assignment which may arise if the non-pecuniary losses are not properly compensated is it would help increase misuse of contract law. Hence, the importance and quality of the contract law would be deteriorated. The contract law has provided clearly the compensation against the damages of plaintiff. Thus, it is important to focus on both pecuniary and non-pecuniary losses to provide fair judgement to the plaintiff. The non-pecuniary loss can be arisen due to misrepresentation of information, breach of contract or tort. Hence, it is important to maintain equality in the judgement to develop implication of contract law. The details analyses of two issues are discussed below. 2. Relevant Case Law regarding Each Issue The case law of Alcatel Australia Ltd. vs Scarcely is essential in case of evaluating first issue as it has focused on the good faith of the contract (Mullen, 2015). Hence, if the court cannot provide positive solution regarding non pecuniary losses, it would hamper the interest of plaintiff. The honesty is needed to maintain to make a contract and if any breach of contract has been found, it is important to focus on the appropriate remedies. Secondly, it can be said that the case law Hadley vs Baxendle is important to identify the essence of non-pecuniary losses. As per the case law, the recovery of consequential damages is needed to limit and it is essential to provide equal importance on the pecuniary and non-pecuniary losses (Braci, 2015). The third case mentioned in the Contract law assignment in relation to the first issue is Addis vs. Gramophone co Ltd which depicts that the biasness regarding compensation of non-pecuniary losses is needed to stop as it is the unfair practice and plaintiff cannot get proper return of damages (Mullen, 2015). The Principles of Contract Law is needed to implement here in order to provide appropriate compensation to the plaintiff. The defendant may defend the case by identifying loopholes of the contract law but it would lead to the wrong judgement. In terms of the second issue Rocca Bros Motor Engineering Co. Pty Ltd. vs Amoco Australia Pty. Ltdis important to say as it helps to identify legal implication of contract law (McKendrick, 2015). The avoidance of non-pecuniary losses is an illegal activity and the court should avoid this process. The case law focuses on the transparency of remedies against the breach of contract. In this respect the case law of Robinson vs. Harman is also important which has focused on the measurement of compensatory damages. In this case the importance of pecuniary and non-pecuniary both losses have been considered equally (Abdullah et al., 2015). As per the above aspect provided in the Contract law assignment, it has been stated that loss is subject to the judgement of the court whether it is quantifiable or non-quantifiable it does not matter. In respect to the non-pecuniary losses, the case law of Ruxley vs. Forsyth is important in which it has been identified that the judgement of non-quantifiable loss to the plaintiff is essential to provide proper compensation (Braci, 2015). In this respect, the case law of Farley vs. Skinner examined in Contract law assignment is also essential which implies that non pecuniary losses are having equal importance like pecuniary losses (Doris, 2014). The main benefit of evaluating this case law is it has focused on the damages of distress clearly and all types of losses have been positively considered to provide appropriate compensation to the plaintiff. 3. Application of Case Laws regarding Each Issue Issues one The case law of Alcatel Australia Ltd. has provided clear description of good faith or honesty which is essential to provide right judgement to the plaintiff and to reduce illegal judgement in favor of defendant. The term ‘good faith’ is important in case of implementation of contract law as it is the duty of the court to focus on right judgement (Abdullah et al., 2015).According to the study explored in Contract law assignment, the case result Hadley vs Baxendle reveals that the consequential damages are needed to identify separately whether it is quantifiable or non-quantifiable (Doris, 2014). The result of the case is needed to consider appropriately as each consequence of damage has an effect and this is why plaintiff makes appeal to the appropriate authority to take corrective judgement from the court. In the case of the first issue identified in this Contract law assignment, the case law of Gramophone Company is also vital as it focuses on the removal of the biasness of judgement in respect to the pecuniary and non-pecuniary losses (McKendrick, 2015). The principle of contract law focuses on the actual loss and type of loss to provide reasonable compensation to the plaintiff. The loss reveals damages and the law should be equal to in all cases and in this perspective, it can be stated that contract law should be implemented equally in pecuniary and non-pecuniary cases. Issue two The case of Amoco Australia Pty. Ltd. eas focused on the legal implication of the contract law which is important to provide proper judgement (McKendrick, 2015). If the contract law cannot provide quality service to the people it importance of the law would be deteriorated and people would lose confidence in the law. The case law of Harman vs Robinson has clearly focused on the compensatory damages which reveals that in case of each lose proper compensation is essential (Abdullah et al., 2015). Based on the case discussed in the Contract law assignment, the non-pecuniary loss has significant impact on the plaintiff and the judgement should be made in favor of the plaintiff in this case. The case of Ruxley clearly reveals that equal judgement is essential in case of pecuniary and non-pecuniary losses and it is the drawbacks of the court if proper judgement cannot be given to the plaintiff (Braci, 2015). The court would adopt the decision based on the intensity of damage in case of non-quantifiable losses. The case of Skinner vs Fairly explored in this Contract law assignment has also focused on the importance of non-pecuniary losses as it is essential to consider the importance of non-pecuniary loss (Doris, 2014). 4. Conclusion of the Issues and Case Laws Considering issue and case laws of the contract law it has been identified in the context of Contract law assignment that non pecuniary and pecuniary losses both are essential in case of court’s judgement as per contract law. Hence, the law has provided description of equal judgement but it is the fault of the court as priority has not been properly given to non-pecuniary loss. It is true that the attitude of the court has changed recently towards this anatomy of losses. Conclusion On the basis of the above discussion within the Contract law assignment with respect to the Corporations Act and Contract Law it has been identified that both laws are important to maintain transparency in the implications of laws. The corporations act has focused on the duties of directors properly to enhance corporate governance process of the organization. On the other hand, the study outlined in the Contract law assignment also identified that the contract law is needed to evaluate properly to justify the importance of non-pecuniary losses in addition to pecuniary losses. References Abdullah, N., Kari, F. and Nawang, I.N., 2015. Contract law assignment Incorporating the concept of good faith in Australian contract law: Implication or construction. Pertanika Journal of Social Sciences and Humanities, 23(11), pp.119-128. Barnett, K., Great Expectations: a Dissection of Expectation Damages in Contract in Australia and England' 2016. Journal of Contract Law, 33, p.163. Braci, A. 2015. Contract Law: An Introduction to the English Law of Contract for the Civil Lawyer. King's Law Journal, 26(3), pp.463-466. Doris, M., 2014. Promising options, dead ends and the reform of Australian contract law. Legal Studies, 34(1), pp.24-46. McKendrick, E. and Liu, Q., 2015. Contract Law: Australian Edition. Macmillan International Higher Education. Mullen, S., 2015. Damages for breach of contract: quantifying the lost consumer surplus. Contract law assignment Oxford Journal of Legal Studies, 36(1), pp.83-109.
Subject Name: Corporation Law_x000D_
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