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LL104 Contracts Cases > 08 Remedies 1 > Flashcards

08 Remedies 1 Flashcards

(9 cards)

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1
Q

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

A

Photo Production Ltd. v Securicor Transport Ltd.

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2
Q

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

A

Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd.

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3
Q

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

A

Lombard North Central Plc v Butterworth

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4
Q

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

A

Rice v Great Yarmouth BC

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5
Q

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

A

Rowland v Divall

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6
Q

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

A

Hoenig v Isaacs

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7
Q

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

A

Beswick v Beswick

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8
Q

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

A

Cooperative Insurance Society v Argyll Stores

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9
Q

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

A

Hochster v De la Tour

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LL104 Contracts Cases (9 decks)

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