Figure 13.2 Example appellant skeleton argument

IN THE SUPREME COURT

BETWEEN: -

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RESPONDENT SKELETON ARGUMENT

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GROUND 1

1. The aim of an award of damages is to put the claimant in the position which he would have been in had the contract been performed according to its terms. In cases of defective performance a claimant is entitled to calculate loss as the cost of cure to ensure expectation under the contract is fulfilled.

       Golden Straight Corporation v Nippon Yusen Kubishka Kaisha (The Golden Victory) [2007] A.C. 353

       Ruxley Electronics and Construction Ltd v Forsyth [1996] A.C. 344

2. Damages in this case are not punitive or disproportionate nor do they inhibit the principle of efficient breach. They are merely the reasonable cost of reinstatement.

       Radford v De Froberville [1997] 1 W.L.R. 1262

       Dean v Ainley [1987] 1 W.L.R. 1729

3. In the alternative it is recognised that a party to a contract may have an interest in performance, which is not readily measured in terms of money. Furthermore, the courts have been willing to recognise this ‘consumer surplus’.

       Ruxley Electronics and Construction Ltd v Forsyth [1996] A.C. 344

       Attorney General v Blake [2001] 1 A.C. 268

GROUND 2

1. The case falls firmly within the principles laid down, namely that an account of profit is, in exceptional cases, an appropriate remedy.

       Senior Courts Act 1981, S50

       Attorney General v Blake [2001] 1 A.C. 268

       Wrotham Park Estate Co Ltd v Parkside Homes Ltd. And Others [1974] 1 W.LR. 798

2. An account of profits is an equitable remedy, an instrument to mitigate the unjust enrichment of the Respondent.

       Lake v Bayliss [1974] 1 W.L.R 107

       Penarth Dock Engineering Co v Pounds [1963] 1 Lloyd’s Rep 359

       Reading v Attorney General [1951] A.C 507

The Appellant submits that the appeal is allowed

Senior Counsel: [  ]

Junior Counsel: [  ]