#CL- Remedies Flashcards
What are the three main types of remedies in contract law
Damages
Equitable
Remedies under CRA
What are the three types of damages
Compensatory
Nominal
Speculative
What are compensatory damages
Putting claimant in position as if contract was performed, claim for forseeable losses that were not unlikely from breach
What can c ask for in compensatory damages
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
What does the have a duty to do regarding damages
Duty to mitigate losses
What are liquidated damages
C+D try to agree sum if contract is broken eg parking charges
Can’t be a penalty and not extortionate
What are nominal damages
Small token payment to recognise a breach where a loss can’t be proven
What are speculative damages
Used at courts descretion. what we can’t put price on solves privity issues/ mental distress / loss amenity
What are the forms of equitable remedies
Injunction
Specific performance
Recission
Rectifying
What are injunctions
Mandatory - Party has to do something
Prohibitory- Party must not do something
Permanent or just till date of hearing
What is specific performance
Party made to perform end of contract - not for personal services
Usually giving up goods
What is recission
Unwinding contract to reset parties to original position for this
What is rectifying documents
Redrafting to correct papers
What are the remedies under the CRA
Goods - right to reject ( refund 30 days )
Repair or replace
Final right to reduction
SAD FART
Services 3Rs
Repeat performance
Refund or reduction
hadley v baxendale
mill owner sues delivery company for being late due to loss of profit. unsuccessful as the delivery driver didn’t understand the importance
Victoria laundry ltd v Newman industries ltd
laundrette could sue for loss of profit however, they could not get remedies for the special client
Czarnikow ltd v koufos
was able to claim for loss in profit from the price of sugar fluctuating due to late delivery
H parsons ltd v Uttley ingham
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
Stainforth v lyall
hired boat to someone else for greater porfit. no loss so awarded nominal damages
Wrotham park estate co ltd v parkside homes ltd
claimant suffered no actual loss but damages were awarded on hypothetical sum they could have earned
Bence graphicc international v fasson uk
damages can be assessed according to difference in value
charter v sullivan
where demand exceeds supply claimant can still make their profit so no damages awarded.
Chaplin v Hicks
when damages are difficult to be proved it does not mean they should not be awarded what so ever
anglia tv v reed
main actor pulled out of Tv contract when they had prepared for a show. they had relied on him for other contracts- reliance loss
