The damages were held not to be confined to one week's wages. This seems perfectly just and very elementary, and I only state it because judges and text-writers appear not infrequently to have forgotten it. Addis v.gramophone (Loss of Reputation) - Free download as PDF File (.pdf), Text File (.txt) or read online for free. My Lords, I entirely concur with the judgment of my noble and learned friend on the woolsack. alternate case: addis v Gramophone Co Ltd. With regard to the 340l. Addis v Gramophone Co Ltd AC 488 is an old English contract law and UK labour law case, which used to restrict damages for non-pecuniary losses for breach of contract. He could be dismissed by six months' notice. Mr Addis was Gramophone’s manager in Calcutta. Gray v. Motor Accident Compensation Commission (1998) CLR. This is within the range of ordinary as well as professional experience. The defendant employed the claimant to manage their business. The cases relating to a refusal by a banker to honour cheques when he has funds in hand have, in my opinion, no bearing. Addis V.gramophone (loss Of Reputation) [vylyr99xwenm]. He could be dismissed by six months’ notice. Download PDF - Addis V.gramophone (loss Of Reputation) [vylyr99xwenm]. That view, which I was taught early to understand was the law in olden days, remains true to this day. Mr Addis was Gramophone’s manager in Calcutta.In October 1905, he was given six months' notice of … This is the only circumstance which makes the case of general importance, and this is the only point I think it necessary to deal with. He is therefore to be put in the same position as if the contract had been performed. In the result I respectfully advise your Lordships to order judgment for the plaintiff for 340l., with a declaration that he is entitled to be credited, in the account now under investigation, with salary from October, 1905, to April, 1906, and with all commission on business actually done during that period which he would have been entitled to receive if he had been acting as manager. The appellant was wrongfully dismissed, and the jury in awarding damages were entitled to take into consideration the circumstances of the dismissal. For instance, in actions of tort motive, if it may be taken into account to aggregate damages, as it undoubtedly may be, may also be taken into account to mitigate them, as may also the conduct of the plaintiff himself who seeks redress. In these cases, unhappily, the limitations of the legal instrument do appear; these cases would not afford separate grounds of action because they are not cognizable by law. Suppose, my Lords, that slander or libel accompanies the dismissal, nothing, as I understand, is here decided to the effect that the slander or libel, which is cognizable by law as a good and separate ground of action, suffers either merger or extinction by reason of proceedings in respect of the breach of contract which such slander or libel accompanied. Chaplin v Hicks [1911] 2 KB 786 at 794, CA. Refresh. There remains, however, my Lords, a class of cases in which the injury accompanying the dismissal arises from causes less tangible, but still very real, circumstances involving harshness, oppression, and an accompaniment of obloquy. Hadley v Baxendale (1854) 9 Exch. The reason I wish to add one or two words is because I know that my noble and learned friend (Lord Collins) entertains the view that such damages are recoverable. There was in fact no wrongful dismissal, but if there were, the damages could not exceed the immediate pecuniary loss which the plaintiff sustained by the breach of contract. [10] If there be a tendency to create a fourth exception it ought, in my view, to be checked rather than stimulated; inasmuch as to apply in their entirety the principles on which damages are measured in tort to cases of damages for breaches of contract would lead to confusion and uncertainty in commercial affairs, while to apply them only in part and in particular cases would create anomalies, lead occasionally to injustice, and make the law a still more “lawless science” than it is said to be. Addis v Gramophone Co Ltd AC 488is an old English contract lawand UK labour lawcase, which used to restrict damages for non-pecuniary losses for breach of contract. Judgement for the case Addis v Gramophone Co An employee who was paid a small salary and a larger commission was wrongfully dismissed. 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