''Addis v Gramophone Co Ltd''
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AC 488is an old English contract law">909
AC 488is an old English contract law and UK labour law case, which used to restrict damages for non-pecuniary losses for breach of contract.
Facts
Mr Addis was Gramophone’s manager in Calcutta. In October 1905, he was given six months' notice of dismissal as legally required and a successor was appointed. However, Gramophone also immediately took steps during this six-month period to prevent Addis acting as manager, resulting in Addis leaving his job two months later and returning to England. This was humiliating. The jury awarded Addis £340 for loss of commissions and £600 for wrongful dismissal. Could there be damages for the manner of dismissal?
The Court of Appeal had allowed damages for the manner of the dismissal.
Submissions
;Duke KC and Groser, for the appellant.
;Lush KC (Schiller with him), for the respondents.
Judgment
Lord Loreburn held that £600 was not allowed, that he could only recover his six-month salary and no more. At 491 he said,
‘If there be a dismissal without notice the employer must pay an indemnity; but that indemnity cannot include compensation either for the injured feelings of the servant…’
Lord Collins dissented.
Lord Atkinson said the case was in fact about libel.
;Lord Loreburn LC
Lord James of Hereford.
Lord Atkinson.
Lord Collins.
Lord Gorell.
Lord Shaw of Dunfermline.
Significance
The case was met with immediate disapproval in a number of quarters.
Sir Frederick Pollock, contrasted "an artificial rule or mere authority" to "the rationale of the matter":
In 1997,
Lord Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher.
Early life and education
Steyn was born in Stellen ...
explained the current jurisprudence relating to the ''
ratio
In mathematics, a ratio shows how many times one number contains another. For example, if there are eight oranges and six lemons in a bowl of fruit, then the ratio of oranges to lemons is eight to six (that is, 8:6, which is equivalent to the ...
'' of ''Addis'' in his judgment in ''
Malik v Bank of Credit and Commerce International SA'':
In 2001, ''
Farley v Skinner'' further distinguished ''Addis'', in holding that "the plaintiff's claim is not for injured feelings caused by the breach of contract. Rather it is a claim for damages flowing from the surveyor's failure to investigate and report, thereby depriving the buyer of the chance of making an informed choice whether or not to buy resulting in mental distress and disappointment."
See also
;Contract law cases
*''
Jarvis v Swans Tours Ltd''
973
Year 973 ( CMLXXIII) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Spring – The Byzantine army, led by General Melias (Domestic of the S ...
1 All ER 71
*''
Jackson v Horizon Holidays Ltd''
975
Year 975 ( CMLXXV) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Arab–Byzantine War: Emperor John I raids Mesopotamia and invades Syria, using ...
3 All ER 92
*''
Ruxley Electronics Ltd v Forsyth'' [1995
UKHL 8*''
Farley v Skinner'' [2000] UKHL 49
*''Johnson v Gore Wood & Co''
0022 AC 1, 49, (a case actually concerning "reflective loss" in UK company law) it was said contract breaking is an ‘incident of commercial life which players in the game are expected to meet with mental fortitude’
;Labour law cases
*''
Malik and Mahmud v Bank of Credit and Commerce International SA''
UKHL_23_[1998.html" ;"title="997
UKHL 23 [1998">997
UKHL 23 [1998AC 20; [1997] 3 All ER 1, [1997] IRLR 462, [1997] 3 WLR 95, [1997] ICR 606
*''Johnson v Unisys Ltd'' [1998] EWCA Civ 1913, [2001
UKHL 13*''
Eastwood v Magnox Electric plc
''Eastwood v Magnox Electric plc'' 004UKHL 35is a UK labour law case concerning damages for wrongful dismissal, which were held to not be limited if a breach of contract occurs during the performance of the contract, rather than at the point of ...
''
002EWCA Civ 463
Further reading
*
References
{{DEFAULTSORT:Addis V Gramophone Co Ltd
United Kingdom labour case law
English remedy case law
House of Lords cases
1909 in British law
1909 in case law