Clark v Macourt
| Jurisdiction | Australia Federal only |
| Judge | Hayne J,Crennan,Bell JJ,Gageler J,Keane J |
| Judgment Date | 18 December 2013 |
| Neutral Citation | [2013] HCA 56,2013-1218 HCA A |
| Court | High Court |
| Docket Number | S95/2013 |
| Date | 18 December 2013 |
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23 cases
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Crown Melbourne Ltd v Cosmopolitan Hotel (VIC) Pty Ltd and Another
...(2009) 236 CLR 272 at 286 [13]; [2009] HCA 8; Clark v Macourt (2013) 253 CLR 1 at 7 [10]–[11], 11 [26]–[27], 18–19 [59]–[61], 30 [106]; [2013] HCA 56. 98 Cosmopolitan Hotel (Vic) Pty Ltd v Crown Melbourne Ltd [2012] VCAT 225 99 Fish and Company (Vic) Pty Ltd v Crown Melbourne Ltd [2013] VCA......
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3 firm's commentaries
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Damaged goods: High price paid for breach of warranty
...unusual subject matter, donor sperm used in assisted reproductive technologies (ART), the majority High Court decision in Clark v Macourt [2013] HCA 56 confirms the manner in which damages are to be calculated for breach of The decision illustrates the importance of understanding the way in......
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Top 20 news articles for 2014
...& Safety PPS and leasing - the simplified version Property & Real Estate High Court says bargains are to be kept: Clark v Macourt [2013] HCA 56 Dispute Resolution & Regional Planning Interests Bill passed - a new layer of approval for resource projects in Queensland Planning &am......
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High Court says bargains are to be kept: Clark v Macourt [2013] HCA 56
...of approximately $1.2 million, in the circumstances where the purchase price for the business was less than $400,000. In Clark v Macourt [2013] HCA 56, a five judge bench of the High Court was called upon to consider the competing approaches to the assessment of damages for breach of contra......
5 books & journal articles
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Clark v. Macourt: defective sperm and performance substitutes in the High Court of Australia.
...party incurs must be offset against any factual benefits that accrue to this party as a result of the actions taken in mitigation. * (2013) 304 ALR 220. (1) (1848) 1 Ex 850 , 855; 154 ER 363 , 365, quoted in Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 , 286 [13] (......
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SUBSTITUTIVE DAMAGES AND MITIGATION IN CONTRACT LAW
...per Winn LJ. 15 See paras 7–9 below. 16 See paras 10–18 below. 17 See paras 19–24 below. 18 See paras 25–59 below. 19(2013) 253 CLR 1; [2013] HCA 56. 20 Stephen Perry, “The Moral Foundations of Tort Law”(1991) 77 Iowa L Rev 449 at 461. 21 John Gardner, “What is Tort Law for? Part 2: The Pla......
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Claims for the value of the lost contractual performance
...have occupied ‘but for’ the breach’s occurrence; a result alleged to offend ‘the compensatory principle’ said 1(2013) 253 CLR 1; [2013] HCA 56 (‘Clark’). to underpin contractual damages assessment. 2 This concern is misconceived, relying upon an impoverished interpretation of Parke B’s famo......
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Property rights to our bodies and their products
...Western Australia, since 1982, a number of these issues have 83See the discussion of aspects of the Queensland regime in Clark v Macourt [2013] HCA 56. 68 University of Western Australia Law Review Volume 39(2) been answered by the Human Tissue and Transplant Act 1982 (WA) and Human Reprodu......
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