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Contract Law > Damages > Flashcards

Damages Flashcards

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1
Q

Limitations on awarding damages

A

Causation
Remoteness
Mitigation

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2
Q

Causation (case)

A

Quinn v Burch Bros Builders

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3
Q

Remoteness (case)

A

The Achilleas

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4
Q

Mitigation (case)

A

Pilkington

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5
Q

Quinn v Burch Bros Builders

A

Causation (case)

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6
Q

The Achilleas

A

Remoteness (case)

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7
Q

Pilkington

A

Mitigation (case)

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8
Q

Causation (definition)

A

D only liable for damages he caused

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9
Q

Remoteness (definition)

A

D only liable for what was “reasonably foreseeable” as a result of the breach.

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10
Q

Mitigation (definition)

A

C under a duty to minimise losses

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11
Q

How is loss calculated?

A

Loss is determined either through “loss of expectation” or “reliance”. Claimant can choose between either but cannot claim both losses.

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12
Q

Loss of expectation (definition)

A

C loses out on what they were expecting from the contract. They will be awarded enough to put them in a spot where they either get what they intended to get or where they would have been before the breach.

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13
Q

Loss of expectation (case)

A

Golden Victory

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14
Q

Reliance case (definition)

A

The courts seek to put C in the position they would have been before the contract was made.

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15
Q

Reliance case (case)

A

Anglia Television Ltd v Reed

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16
Q

Specific performance definition

A

A decree that forces the defendant to do an action e.g. fulfill their end of the contract. Usually issued if financial compensation does not cover damages.

17
Q

Specific order application rules

A

Damages must be inadequate

Must not cause hardship to D

Contract must have been made fairly

18
Q

Damages must be inadequate (case)

A

Beswick v Beswick

19
Q

Must not cause hardship to D

A

Patel v Ali

20
Q

Contract must have been made fairly

A

Walters v Morgan

Contract Law (9 decks)

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