Contract Law: Remedies for contract Flashcards

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1
Q

What are legal remedies?

A
  • Available against a person in breach of a contract- damages of remedies against goods.
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2
Q

What are equitable remedies?

A
  • Discretionary remedies awarded if legal remedies are not appropriate put the situation.
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3
Q

What are compensatory damages?

A

damages to put the claimant into the position they were in before agreeing to the contract.
- losses are recoverable if they were caused by a breach of contract- to establish this. apply:
- But for test- the claimant would not have suffered the loss but for…
- Remoteness of damage establishes which losses can e subject of compensation as shown in Hadley v Batendale 1854.
1) objectively, is the loss a natural consequence of the breach
2) subjectively, both parties have specific knowledge of potential losses.

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4
Q

What are nominal damages ?

A

Damages awarded for a breach in contract even if there was no loss Staniforth v Lyall 1830.

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5
Q

What are the 3 ways to assess awards of damages in contributed claims?

A
  • Loss of bargain- to place claimant into the same financial position as if the contract has been performed properly.
  • Loss of profit- claimant may recover for the profit that they would have been able to complete but for the breach of contract.
  • Loss of chance- speculative loss Chaplin v Hicks 1911.
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6
Q

What is reliance loss?

A
  • The expense incurred by a claimant who relied on a contract being formed as shown in Anglia Television LTD V Reed 1972- restitution (repayment of any money).
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7
Q

What is a lien?

A

The right to retain possession of the goods of the debt until paid.

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8
Q

What are liquidated damages?

A

Where the amount of damages has been fixed by term in the contract and the sum identified in the contract represent and accurate assessment of loss, s shown in Dunlop Pneumatic Tyre Co v New orange and Motor Co.

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9
Q

What is Quantum Meruit?

A

Recovery of an unqualified sum for services already rendered as shown Upton Rural District Council v Powell 1942.

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10
Q

What re the three circumstances where Quantum Meruit is made?

A
  • In a contract where no pric is stated as shown in Upton Rural District Council v Powell 1942
  • Where the circumstances show a fresh agreement can be implied in the place of the original one as shown in Steven v Bromley 1919.
  • Where the party has been elected to consider the contract discharged by the others breach, or where a party has been prevented from performing by the other party as shown in De Barnady V Harding 1853.
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11
Q

What is an injunction?

A

Type of equitable remedy which requires a party in the contract to do something.

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