Practice pre-release scenario Nelly is a hair dresser and an ardent lover of the game of tennis. For many years, she had dreamt of attending a final event of the Wimbledon Championships. In January 2018, she saw an advertisement in her local newspaper, which offered to provide a ticket to the final women's competition at Wimbledon Championships 2018, alongside transportation to and from the event at specified times, and dinner for 1 person after the event at a five-star rated restaurant in London, all for the price of £200. She contacted the advertiser and agreed to a contract in respect of those terms. On the day of that final event, Nelly woke up full of excitement, but her transport to the event arrived 4 hours late and she arrived at Wimbledon towards the end of the tennis final. Also, the restaurant she was taken to after the event was two-star rated and the dinner service was horrible. The transportation from the event/dinner to her home was also delayed and she arrived home at 2am the following morning, much later than scheduled and found it difficult to sleep. Nelly was supposed to work at her hair salon the next day, but she was tired from all the events that had occurred, and she eventually overslept. This resulted in her missing work and losing her earnings for the day. Meanwhile, Nelly has a number of hair stylists who work for her in the salon. Under the contract with the hair stylists, Nelly allows them the opportunity to style their personal customers up to a maximum of 10 personal customers per stylist in a week, and they can keep the payment from those personal customers. Max, one of her stylists, styled 20 personal customers during the third week of December 2018 and in some other weeks since then. Max still performed his usual tasks in the hair salon. Nelly has just found out and is very upset. Identify the three main legal issues in this scenario: 1) None pecuniary losses (distress) - categories (category 1&2) Addis v Gramophone Co ltd - not recoverable Jarvis v Swan Tours Ltd - two exceptions and both categories apply Farley v Skinner - give this a quick mention Should it be recoverable? - yes, she should be able to claim non pecuniary losses but you cannot say how much she would've lost 2) Remoteness (missing work the next day, is that too remote?) - do the test - I think it is too remote Hadley v Baxendale test 1. Losses will be recoverable if they arise as a natural consequence of the breach or
2. Loss which does not arise naturally from the breach of contract but which may reasonably be supposed to have been in the contemplation of both parties 3) Restitution interest - accounting for profits - attorney general v Blake applies - can keep the money from the orginial 10 customers Attorney General v Blake [2001] Esso Petroleum Co Ltd v Niad [2001] Wrotham