Discharge of contract remedies

Question 1

What are the common Law remedies?

Answer 1

1)Repudiation
2)Damages

Question 2

What is Repudiation?

Answer 2

-treat contract as ended
-Both parties go to position prior to contact

Question 3

When is Repudiation available?

Answer 3

-Condition has been breached, not a warranty
-Sufficiently serious breach of an innominate term

Question 4

Ways Damages are available?

Answer 4

1)Breach of a condition
2)Breach of an innominate term
3)Breach of a warranty

Question 5

What is the aim of damages?

Answer 5

To put parties in the position they would have been in if the contract had been properly performed (i.e fast forward remedy)

Question 6

What are the 4 types of damages?

Answer 6

1)Nominal Damages
2)Substantial Damages
3)Exemplary Damages
4)Speculative Damages

Question 7

What are Nominal damages?

Answer 7

Minimal amount acknowledging a winning party. Can be awarded where no loss actually suffered , is a breach

Question 8

What are Substantial damages?

Answer 8

Normal claim accurately reflecting loss

Question 9

What are Exemplary damages?

Answer 9

Unusually large amount to show the courts disapproval of parties fault

Question 10

What are Speculative damages?

Answer 10

Not usually awarded. Traditionally, judges would not allow

Question 11

What happens in holiday case ‘Jarvis v Swann Tours (1973)?

Answer 11

C could recover non-pecuniary damages for his disappointment and mental distress

Question 12

What happens in holiday case ‘Jackson v Horizon Holidays(1975)?

Answer 12

C’s could recover non-pecuniary damages for their disappointment

Question 13

What happens in holiday case ‘Thake v Maurice(1986)?

Answer 13

C’s could recover non-pecuniary damages for their disappointment and distress

Question 14

Can damages be awarded for injury feelings?

Answer 14

Damages cant be awarded for injury to feelings for wrongful dismissal under contracts of employment

Question 15

What happens in ‘Addis Gramophone Co LTD(1909)’

Answer 15

C could not recover non pecuniary damages for injury to reputation which D ruined. Could claim pecuniary loss of salary

Question 16

What must losses be ?

Answer 16

Within reasonable contemplation of the parties

Question 17

What do both causation + remoteness operate as?

Answer 17

Limitations to damages

Question 18

What test must D of used to have caused C’s loss?

Answer 18

But for test

Question 19

‘C’s losses must be reasonably foreseeable’ Based on?

Answer 19

A) What the RM may have contemplated
B) What D actually knew

Question 20

Why did C lose his claim for damages in ‘Hadley v Baxendale(1854)’

Answer 20

C’s losses must be reasonably foreseeable. In the case D didn’t know consequences so C’s loss was unforeseeable .