Case Analysis : Clark V Marcourt

2281 Words Nov 7th, 2016 10 Pages
ANNECDOTE. The majority of the High Court in Clark v Marcourt, awarded damages of approximately A$1.2 million to the appellant, as the respondent was found guilty of breaching various warranties of the deed to purchase various property from a fertility centre, putting the appellant at a significantly better financial position than she would have been in had the breach not occurred. Prima facie, Clark seems to suggest undermining the compensatory principle in contract. ## This essay will analyse the decision in Clark through the doctrinal legal research method, using “normative” research. The aim of this research method is to answer the question of “what is the law” via logical reasoning and analysis of appropriate legal rules, and whether it applies to a particular factual situation.

In this essay, the focus is on whether it is morally objectionable for a person to recover damages from another’s breach of contract that results in a better financial position than they would have been if the breach had not occurred. This is because in deciding whether to preserve the principle in Clark, law-makers would place high regard on the analysis of Clark’s normative outcome. The following points are the key arguments against awarding a sum to a higher pecuniary advantage??? Such as Clark, which can be subsequently rebutted in this analysis with “normative” research.

It is agreed by many, if not all, that the compensatory principle is the ruling principle in breach of contract…

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