Chaplin v Hicks [1911] Facts: Hicks, a well-known actor and theatrical manager, invited ladies to submit their photographs to compete in a beauty contest where the winners would be chosen by the readers of one newspaper. He promised to give engagements as actresses to the winners. Ms. Chaplin submitted her photograph and came first in her section, which entitled her to be considered for one of the twelve finalists. The notice reached her too late, and she was not able to make the appointment with Mr. Hicks. She sued Mr. Hicks for damages for breach of contract to compensate her for the loss of a chance to be selected for an engagement.
Holding: The Court of Appeal upheld a £100 award for the loss of the chance at winning the contest, awarded by the jury.
Reasons: The court dismissed the arguments that the damages were either (1) too remote or (2) un-assessable (The court said that the “fact that damages cannot be assessed with certainty does not relieve the wrong-doer of the necessity of paying damages for his breach of contract.”)
Rule: This case tells us that the claim that “damages may be difficult to assess” is no legal bar to compensation.
