Discharge of contract remedies Flashcards
What are the common Law remedies?
1)Repudiation
2)Damages
What is Repudiation?
-treat contract as ended
-Both parties go to position prior to contact
When is Repudiation available?
-Condition has been breached, not a warranty
-Sufficiently serious breach of an innominate term
Ways Damages are available?
1)Breach of a condition
2)Breach of an innominate term
3)Breach of a warranty
What is the aim of damages?
To put parties in the position they would have been in if the contract had been properly performed (i.e fast forward remedy)
What are the 4 types of damages?
1)Nominal Damages
2)Substantial Damages
3)Exemplary Damages
4)Speculative Damages
What are Nominal damages?
Minimal amount acknowledging a winning party. Can be awarded where no loss actually suffered , is a breach
What are Substantial damages?
Normal claim accurately reflecting loss
What are Exemplary damages?
Unusually large amount to show the courts disapproval of parties fault
What are Speculative damages?
Not usually awarded. Traditionally, judges would not allow
What happens in holiday case ‘Jarvis v Swann Tours (1973)?
C could recover non-pecuniary damages for his disappointment and mental distress
What happens in holiday case ‘Jackson v Horizon Holidays(1975)?
C’s could recover non-pecuniary damages for their disappointment
What happens in holiday case ‘Thake v Maurice(1986)?
C’s could recover non-pecuniary damages for their disappointment and distress
Can damages be awarded for injury feelings?
Damages cant be awarded for injury to feelings for wrongful dismissal under contracts of employment
What happens in ‘Addis Gramophone Co LTD(1909)’
C could not recover non pecuniary damages for injury to reputation which D ruined. Could claim pecuniary loss of salary
What must losses be ?
Within reasonable contemplation of the parties
What do both causation + remoteness operate as?
Limitations to damages
What test must D of used to have caused C’s loss?
But for test
‘C’s losses must be reasonably foreseeable’ Based on?
A) What the RM may have contemplated
B) What D actually knew
Why did C lose his claim for damages in ‘Hadley v Baxendale(1854)’
C’s losses must be reasonably foreseeable. In the case D didn’t know consequences so C’s loss was unforeseeable .
