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Hadley v Baxendale information


Hadley & Anor v Baxendale & Ors
CourtExchequer Court
Decided23 February 1854
Citation(s)[1854] EWHC J70, (1854) 156 ER 145, 9 ExCh 341, (1854) 23 LJ Ex 179, 18 Jur 358, [1843-60] All ER Rep 461
Transcript(s)Abridged judgment on bailii.org
Court membership
Judge(s) sittingParke B, Alderson B, Platt B and Martin B
Keywords
Breach of contract, remoteness

Hadley & Anor v Baxendale & Ors [1854] EWHC J70 is a leading English contract law case. It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen. However, if the other party has special knowledge that the party-in-breach does not, the breaching party is only liable for the losses that he could have foreseen on the information available to them.

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Hadley v Baxendale

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Hadley & Anor v Baxendale & Ors [1854] EWHC J70 is a leading English contract law case. It sets the leading rule to determine consequential damages from...

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Jackson v Royal Bank of Scotland

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restored. Lord Walker made some interesting observations on the rule in Hadley v Baxendale. 46. In my opinion the familiar passage from the judgment of Baron...

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Transfield Shipping Inc v Mercator Shipping Inc

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price on the next chartering contract was within the first rule in Hadley v Baxendale as arising "naturally, i.e. according to the usual course of things...

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Baxendale

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lawyer Ray Baxendale, New Zealand rugby league player Trevor Baxendale, novelist Hadley v Baxendale, lawsuit Browne, W.A.F.; Reaney, P.H.; Wilson, R.M.; Scull...

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Misrepresentation

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Leaf v International Galleries [1950] 2 KB 86. Hadley v Baxendale The Wagon Mound Doyle v Olby (Ironmongers) Ltd [1969] 2 QB 158] Royscott Trust v Rogerson...

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Contract

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Retrieved 2018-09-14. Hadley v Baxendale [1854] EWHC J70, ER 145, High Court (England and Wales). as in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha...

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Conan the Librarian

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author of these stories is the fictitious "Hadley V. Baxendale" (a pun on the famous law case Hadley v. Baxendale). This Conan is an ordinary librarian who...

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Expectation damages

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(e.g., Hadley v Baxendale case below), holding that Baxendale could only be held liable for losses that were generally foreseeable, or if Hadley had mentioned...

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Joseph Hadley

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Bradajo (born 1932), American poet and artist Joseph Hadley, English miller, party to Hadley v Baxendale This disambiguation page lists articles about people...

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United Nations Convention on Contracts for the International Sale of Goods

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price. Damages that may be awarded conform to the common law rules in Hadley v Baxendale but it has been argued the test of foreseeability is substantially...

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C Czarnikow Ltd v Koufos

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Asquith LJ’s language. Hadley v Baxendale Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1948] 2 KB 528 Parsons (Livestock) Ltd v Uttley Ingham & Co...

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Insurance bad faith

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constraints not applicable to compensatory damages in tort actions (see Hadley v. Baxendale). The result is that a plaintiff in an insurance bad faith case may...

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Common law

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Court of Judicature. Hadley v Baxendale (1854) 9 Exch 341 (defining a new rule of contract law with no basis in statute); MacPherson v. Buick Motor Co.,...

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Tort

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losses have been awarded in contract law cases. The English case Hadley v. Baxendale (1854), which was adopted in the United States, split contract and...

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Per incuriam

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not rely upon the earlier decision in Hadley v Baxendale 1854. Similarly, others have suggested that Foakes v Beer was decided per incuriam as it failed...

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Pickfords

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Pickford's was involved in the famous English contract law case, Hadley v. Baxendale (1848), where the court held the company was not liable for unforeseeable...

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Wrongful dismissal

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circumstances that constitute bad faith; Honda Canada Inc v Keays incorporated Hadley v Baxendale into Canadian employment law, as well as holding that awards...

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List of Supreme Court of Judicature cases

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(England and Wales) Vaughn v. Menlove (1837). 132 E.R. 490 (C.P.) Foss v Harbottle (1843) 2 Hare 461, 67 ER 189 Hadley v. Baxendale [1854] EWHC J70 (Exch)...

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Lists of landmark court decisions

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Hadley v Baxendale (1854) 9 Exch. 341 (Court of Exchequer): the extent to which a party in breach of contract is liable for the damages.- Rylands v Fletcher...

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Royal Mail Case

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foreseeable either to the parties or to the "reasonable man", as in Hadley v Baxendale. Oceanic, a large liner under construction for the White Star Line...

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Consequential damages

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damages" is widely attributed to the 19th century English case of Hadley v. Baxendale, in which a miller contracted for the purchase of a crankshaft for...

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Casebook method

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think like a lawyer." A typical example in the law of contracts is Hadley v Baxendale (1854), a case that is still routinely tested on bar examinations...

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English contract law

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are not in the parties' contemplation. In Hadley v Baxendale a miller tried to recover damages from Baxendale's delivery company for the lost profits from...

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Remoteness in English law

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McKew v Holland & Hannan Ltd [1969] 3 All ER 1621 The following is a list of legal cases in which remoteness has been an issue: Hadley v Baxendale (1854)...

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Freight claim

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damage claims". Hadley v Baxendale (1854) M'Andrew v Adams (1834) 1 Bing NC 29 Liver Alkali v Johnson xx iLaw report on Liver Alkali v Johnson [1] Hague-Visby...

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Law of Singapore

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in contract, the Singapore court has affirmed the English case of Hadley v Baxendale — which establishes two limbs that allow for the establishment of...

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