该规则被称为“合理预见规则”(Forseeability Rule)或“Hadley规则”(Hadley Rule),被认为是英美合同法上的经典规则之一。1894年,美国最高法院在Primrose v. Western Union Tel. Co.一案中指出:Hadley v. Baxendale此后被视为大西洋两岸的代表性案例(leading case),并在案件判决书所引用的 Telegraph Co. v. Hal...
Hadley v BaxendaleThis document is only available with a paid isurv subscription. [1854] 9 Ex 341 Contract – breach of contract - measure of damages recoverable – remoteness – consequential loss The judgment of Alderson B in this case is the foundation for the recovery of damages under ...
Hadley v. Baxendale and Other Common Law Borrowings from the Civil Lawdoi:10.2139/ssrn.2330620In 1854, the English Exchequer Court delivered the landmark case of Hadley v. Baxendale. That case provided, for the first time in the common law, a defined rulSocial Science Electronic Publishing...
Hadley v Baxendale [1854] EWHC J70 is a leading English contract law case. It sets the basic rule to determine consequential damages from a breach of contract—that a breaching party i s liable for all losses that the contracting parties should have foreseen Facts The claimants, Mr Hadley ...
Chapter5 Hadleyv.Baxendale Peevyhousev.GarlandCoalMining Hadleyv.Baxendale CourtofExchequer 9Ex.341,156Eng.Rep.145(1854) AtthetrialbeforetheCrompton,J.,atthelastGloucesterAssizes,itappearedthatthe plaintiffscarriedonanextensivebusinessasmillersatGloucester;andthat,onthe11 th of May,theirmillwasstopped...
In Hadley v Baxendale (1854) the defendant was sued for breach of contract because he had taken too long to deliver a repaired mill-shaft. Which three of the following principles were decided by the court when ruling on the amount of damages the mill owner could recover?A. The defendant...
HadleyvBaxendale[1854]EWHCJ70(http:\/\/.bailii\/ew\/cases\/EWHC\/Exch\/1854\/J70.html)isaleadingEnglishcontractlaw(..
From the classic contract-law case of Hadley v. Baxendale came the principle that consequential damages can be recovered only if, at the time the contract was made, the breaching party had reason to foresee that cons...
Hadley v. BaxendaleSherwood v. WalkermistakeprobabilityremediesThe author applies probability theory to two classic contracts cases: Hadley v. Baxendale (the broken crankshaft case) and Sherwood v. Walker (the pregnant cowGuerraPujol, F. ESocial Science Electronic Publishing...
doi:10.2139/ssrn.3492910transaction costliability ruleHadley Rulesignaling gameThis paper uses a signaling game model to address the debate between limited liability rule and unlimited liability rule in the context of the case of Hadley vSocial Science Electronic Publishing...