McRae v Commonwealth Disposals Commission [1951] HCA 79 | 27 August 1951

ON 27 AUGUST 1951, the High Court of Australia delivered McRae v Commonwealth Disposals Commission [1951] HCA 79; (1951) 84 CLR 377 (27 August 1951).

A court must determine damages as best it can. Difficulty in assessing damages does not justify non-assessment.

The defendant was ordered to pay the plaintiff damages for breach of contract, assessed as being his expenses incurred in reliance on the plaintiff’s promise to sell it a shipwrecked oil taker which was in fact, by the defendant’s mistake, a shipwrecked oil barge.

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