09 Remedies 2

Question 1

An important case which has extended the category for contracts of enjoyment and the allowance of damages for non-pecuniary loss and protects the claimant’s right to performance itself, rather than consequential loss. [1996]…

Answer 1

Ruxley Electronics v Forsyth

Question 2

Non-Pecuniary Loss: Lord Steyn instated that ‘compensation is only awarded for financial losses resulting from the breach’. Only established exceptions will allow recovery for non-pecuniary loss. [2001]…

Answer 2

Farley v Skinner

Question 3

This case set out the tests for remoteness, dividing recoverable loss into 2 categories [1854]…

Answer 3

Hadley v Baxendale

Question 4

found that the 2 Hadley categories express the single principle that the claimant can only recover such losses as were reasonably contemplated by the defendant at the time of contracting, as liable to flow from the breach. It clarified the overlap between the categories. [1949]…

Answer 4

Victoria Laundry v Newman Industries

Question 5

There must be a serious possibility of the outcome, making the standard in contract law high compared to tort law [1969]…

Answer 5

The Heron II

Question 6

Lords Hoffmann and Hope thought it too crude solely to rely on the foreseeability of loss. They found the real question to be what liability the defendant had assumed the risk for. [2008]…

Answer 6

The Achilleas

Question 7

Disgorgement of Gains [2001]…

Answer 7

Attorney General v Blake

Question 8

Reliance Measures: The claimant suing for breach could choose between expectation and reliance loss. [1985]…

Answer 8

CCC Films v Impact Quadrant Films