08 Remedies 1

Question 1

The Effect of Termination: The contract-breaker’s unperformed primary obligation is replaced by a secondary (remedial) obligation to pay monetary compensation [1980]…

Answer 1

Photo Production Ltd. v Securicor Transport Ltd.

Question 2

Innominate Terms: ‘Wait and See’ terms which cannot be labelled as conditions or warranties until breach [1962]…

Answer 2

Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd.

Question 3

*Classifying Terms: The parties are free to classify terms as they wish; trivial terms can be conditions [1987]…

Answer 3

Lombard North Central Plc v Butterworth

Question 4

*Classifying Terms: Courts may restrict termination clauses that are too unfair on one party, i.e. allowing termination for breach of any obligations [2000]…

Answer 4

Rice v Great Yarmouth BC

Question 5

Restitution of Benefits Conferred: Restitution is only available for total failure of consideration [1923]…

Answer 5

Rowland v Divall

Question 6

Agreed Sum: The claimant must have substantially performed to warrant the agreed sum [1952]…

Answer 6

Hoenig v Isaacs

Question 7

Specific Performance: Specific Performance is an equitable remedy, awarded when it would do ‘more perfect and complete justice’ than damages [1968]…

Answer 7

Beswick v Beswick

Question 8

Specific Performance: The leading modern case on specific performance tilted the balance in favour of the contract-breaker [1998]…

Answer 8

Cooperative Insurance Society v Argyll Stores

Question 9

Renunciation or Repudiation: Renunciation is actionable as a breach in itself [1853]…

Answer 9

Hochster v De la Tour