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#Law and morality and contract law > #CL- Remedies > Flashcards

#CL- Remedies Flashcards

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1
Q

What are the three main types of remedies in contract law

A

Damages
Equitable
Remedies under CRA

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2
Q

What are the three types of damages

A

Compensatory
Nominal
Speculative

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3
Q

What are compensatory damages

A

Putting claimant in position as if contract was performed, claim for forseeable losses that were not unlikely from breach

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4
Q

What can c ask for in compensatory damages

A

Loss of bargain - price difference between the contract and what they actually pay
Reliance-expenses c paid expecting to peform
Loss of amenity
Restitution
Loss of profit
Loss of opportunity

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5
Q

What does the have a duty to do regarding damages

A

Duty to mitigate losses

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6
Q

What are liquidated damages

A

C+D try to agree sum if contract is broken eg parking charges
Can’t be a penalty and not extortionate

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7
Q

What are nominal damages

A

Small token payment to recognise a breach where a loss can’t be proven

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8
Q

What are speculative damages

A

Used at courts descretion. what we can’t put price on solves privity issues/ mental distress / loss amenity

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9
Q

What are the forms of equitable remedies

A

Injunction
Specific performance
Recission
Rectifying

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10
Q

What are injunctions

A

Mandatory - Party has to do something
Prohibitory- Party must not do something
Permanent or just till date of hearing

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11
Q

What is specific performance

A

Party made to perform end of contract - not for personal services
Usually giving up goods

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12
Q

What is recission

A

Unwinding contract to reset parties to original position for this

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13
Q

What is rectifying documents

A

Redrafting to correct papers

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14
Q

What are the remedies under the CRA

A

Goods - right to reject ( refund 30 days )
Repair or replace
Final right to reduction
SAD FART

Services 3Rs
Repeat performance
Refund or reduction

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15
Q

hadley v baxendale

A

mill owner sues delivery company for being late due to loss of profit. unsuccessful as the delivery driver didn’t understand the importance

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16
Q

Victoria laundry ltd v Newman industries ltd

A

laundrette could sue for loss of profit however, they could not get remedies for the special client

17
Q

Czarnikow ltd v koufos

A

was able to claim for loss in profit from the price of sugar fluctuating due to late delivery

18
Q

H parsons ltd v Uttley ingham

A

damages could be gained from death of the pigs as it would be within contemplation that if not installed properly food could go mouldy and they would die

19
Q

Stainforth v lyall

A

hired boat to someone else for greater porfit. no loss so awarded nominal damages

20
Q

Wrotham park estate co ltd v parkside homes ltd

A

claimant suffered no actual loss but damages were awarded on hypothetical sum they could have earned

21
Q

Bence graphicc international v fasson uk

A

damages can be assessed according to difference in value

22
Q

charter v sullivan

A

where demand exceeds supply claimant can still make their profit so no damages awarded.

23
Q

Chaplin v Hicks

A

when damages are difficult to be proved it does not mean they should not be awarded what so ever

24
Q

anglia tv v reed

A

main actor pulled out of Tv contract when they had prepared for a show. they had relied on him for other contracts- reliance loss

25
Q

Ruxley electronics and construction ltd forsyth

A

as he had not recieved the exact swimming pool the court awarded him 2500 for loss of amenity

26
Q

white and carter v mcgregor

A

continued to fit advertisement to lamposts when the d wrongfully ended contract. them continuing the contract did not break mitigating losses

27
Q

parking eye ltd v beavis

A

85 parking fine argued to be a penalty. must be exorbitant in terms of contract.

28
Q

ab v cd

A

interim injunction allowed as damages was not allowed in the contract

29
Q

page one records ltd v britton

A

courts will new order and injunction forcing someone to complete personal service

30
Q

airport industrial GP ltd v heathrow airport

A

specific performance was not ordered as it would be unfair as it would force company into liquidation

#Law and morality and contract law (11 decks)

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