Medium2 marksMultiple Choice
The law of obligationsSyllabus BContract LawDamagesRemoteness

ACCA · Question 07 · The law of obligations

Section A

CloudNet provides server hosting for a major e-commerce retailer. Due to CloudNet's breach of contract, the servers go down for 24 hours. The retailer loses £50,000 in standard daily sales, and also loses a highly lucrative, one-off £500,000 secret government contract that required 100% uptime. CloudNet knew nothing of the government contract. Applying the rule in Hadley v Baxendale, what damages can the retailer recover?

Answer options:

A.

Both the £50,000 standard sales and the £500,000 government contract.

B.

Only the £50,000 in standard daily sales.

C.

Only the £500,000 government contract, as it represents the primary financial loss.

D.

No damages, as server outages are an accepted risk in IT contracts.

How to approach this question

Apply the two limbs of Hadley v Baxendale regarding remoteness of damage.

Full Answer

B.Only the £50,000 in standard daily sales.✓ Correct
The rule in Hadley v Baxendale states damages are recoverable if they arise naturally from the breach (Limb 1) or if they were reasonably in the contemplation of both parties at the time the contract was made as a probable result of the breach (Limb 2). The secret contract falls under Limb 2 but was unknown to CloudNet, making it too remote.

Common mistakes

Assuming all financial losses caused by a breach are recoverable, ignoring the remoteness test.

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