ABSTRACT

That section was declaratory of the existing law and the general principle which has been observed in all cases I take conveniently from the speech of Viscount Haldane LC in British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railways Co of London Ltd. Viscount Haldane LC said ([1912] AC at p 689): ‘Subject to these observations, I think that there are certain broad principles which are quite well settled. The first is that, as far as possible, he who has proved a breach of a bargain to supply what he contracted to get is to be placed, as far as money can do it, in as good a situation as if the contract had been performed.’