contractual remedies Flashcards
damages for non-pecuniary loss are generally not recoverable
Addis v Gramophone
exceptions to non-pecuniary losses
(where the whole purpose of the contract is pleasure)
Jarvis v Swans Tours
exceptions to non-pecuniary loss
(major objective is pleasure)
Farley v Skinner
remoteness of damages
Hadley v Baxendale
losses reasonably anticipated by the parties at the time of entering into the contract
Victoria Laundry
loss of profit was ‘within their reasonable contemplation’
Koufos v C Czarnikow
defendant assumes responsibility for the type of loss that occurred
Achilleas
the claimant will not be entities to damages if he does an act which breaks the chain of causation between the contract and the breach
Quinn v Burch Bros
duty to mitigate
Pilkington v Wood
quantification of damages
(US CASE) Hawkins v McGee
cost of cure (difference in value for what they have received v what they should have received)
Ridley Electronics and Construction v Forsyth
loss of chance (compensation reflects the chance)
Chaplin v Hicks
specific performance will not be ordered where it could cause hardship or unfairness
Patel v Ali
specific performance will not be ordered for contracts of employment
s.236 of the Trade Union and Labour Relations Act 1992
specific performance will not be ordered where the order would require the court to constantly monitor the performance
Co-operative Insurance Society Ltd v Argyll Stores
