English Court Guidance on Claiming Damage for Non Pecuniary Losses in Contract Law

This document discusses the guidance provided by English court on claiming damage for non pecuniary losses in contract law. It explains the concept of non pecuniary damages and their impact on the quality of life. The document also highlights the importance of distinguishing non pecuniary damages and making claims accordingly.

Contract law
1

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Task – English court have given a clear guidance in relation to claiming damage for non
pecuniary losses contract law.......................................................................................................3
CONCLUSION ...............................................................................................................................3
REFERENCES................................................................................................................................4
2

INTRODUCTION
MAIN BODY
Task – English court have given a clear guidance in relation to claiming damage for non
pecuniary losses contract law
In every nation there are different types of laws and regulations which are followed.
These laws are been formed by government. Along with it, the laws are applied in context to its
situation. In that there are various principles and guidelines which needs to be followed. In UK,
English court plays a significant role in maintaining the legal system within nation. The court
ensure that laws are properly been followed. Besides that, court also have right to interrupt and
issue an order against that law. Similarly, in recent times English court has given guidance in
regard with claim of damage for non pecuniary losses in contract law.
Generally, non pecuniary damages are those which are no quantifiable and discernable.
This means the loss can not be counted in terms of monetary value. Besides that, these are those
losses that include pain, suffering, mental illness, distress, etc. along with it, these damages
highly impact on quality of life of people. A contract law in UK is a legal binding either in
written or oral between two parties to fulfil a promise. The contract is made between two parties
to fulfil promise in in return for consideration. Basically, there are 4 crucial element in this law
that are acceptance, consideration, offer and legal relations. Now, as per guidance by English
court it has been stated that there are different things which needs to be considered in it. Now, in
terms of pain and suffering there will be no benefit or damage awarded to victim. They both
form a part of breach of contract. Thus, such claims need to be brought to compensate if there is
any inter alia in effects of body. However, in physical discomfort there is need to compensation
in contract law. Moreover, for mental illness as non pecuniary damage as per section 119 (4)
guidelines the damage compensation needs to be paid as it was in case of Vento vs Chief
3

constable of west yorkshire police. So, this alone damage is considered as compensation in
contract law.
Thus, we agree with this statement as it is necessary to distinguish non pecuniary damage
and then accordingly doing claim for it. Besides this, it allows in analysing damage on victim
mental health. Usually, in contract law if any of four elements are not followed then it can lead to
breach of contract. Furthermore, sometimes the claim made in terms of damage is too high which
is not possible to be fulfilled. Along with it, in non pecuniary damage claims made are false as
well.
CONCLUSION
4

REFERENCES
Books and journals
Beale, H., Fauvarque-Cosson, B. and Vogenauer, S., 2019. Cases, materials and text on contract
law. Bloomsbury Publishing.
Ben-Shahar, O. and Porat, A., 2019. Personalizing mandatory rules in contract law. U. Chi. L.
Rev., 86, p.255.
Knapp, C.L., Crystal, N.M. and Prince, H.G., 2019. Problems in contract law: Cases and
materials. Aspen Publishers.
Leng, J. and Wei, S., 2017. The Evolution of Contract Law in China: Convergence in Law But
Divergence in Enforcement?.
Oman, N., 2017. The Dignity of Commerce: Markets and the Moral Foundations of Contract
Law. University of Chicago Press.
Pargendler, M., 2018. The role of the state in contract law: The common-civil law divide. Yale J.
Int'l L., 43, p.143.
Potter, P.B., 2017. The economic contract law of China: Legitimation and contract autonomy in
the PRC. University of Washington Press.
Savelyev, A., 2017. Contract law 2.0:‘Smart’contracts as the beginning of the end of classic
contract law. Information & Communications Technology Law, 26(2), pp.116-134.
Smits, J.M. ed., 2017. Contract law: a comparative introduction. Edward Elgar Publishing.
Stewart, A., Swain, W. and Fairweather, K., 2019. Contract law: principles and context.
Cambridge University Press.
Beale, Fauvarque-Cosson and Vogenauer, 2019
Ben-Shahar and Porat, 2019
Knapp, Crystal and Prince, 2019
Leng and Wei, 2017
Oman, 2017
Pargendler, 2018
Potter, 2017
Savelyev, 2017
Smits, 2017
Stewart, Swain and Fairweather, 2019
5