Discharge: Remedies Flashcards

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1
Q

Legal remedies

A

Repudiation/damages

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2
Q

Equitable remedies

A

Injunctions/specific performance

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3
Q

When repudiation used

A

Actual/anticipatory breach of
Condition- Poussard v Spiers
Innominate term- Hong Kong v Fir Shipping (serious breach)

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4
Q

When damages paid

A

Warranty- Bettini v Guy

Innominate- Hong Kong v Fir (non serious breach)

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5
Q

Two types of damages

A

Compensatory

Nominal

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6
Q

Nominal damages

A

V of breach suffers no loss as a result of the breach so the court can award nominal damages (small sum of compensation) to acknowledge breach

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7
Q

Robinson v Harman

A

Compensatory damages purpose is to put V of breach in same financial position they would be in if contract properly performed

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8
Q

Hadley v Baxendale

A

Normal losses are not too remote if reasonably foreseeable

Special losses are not too remote if D knew of particular circum and loss those circum would cause

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9
Q

Why is remoteness used

A

Compensatory damages- Work out which losses can be compensated (can only claim for losses not too remote from the breach of the contract)

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10
Q

2 methods to find out quantum of damages

A
  1. Loss of bargain/expectation loss

2. Reliance loss

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11
Q

Loss of bargain

A

Innocent party lose what’s expecting to receive from contract (usual method)
Puts wronged party in position they would be if contract had been carried out

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12
Q

Thompson v Robinson

A

Loss of bargain/expectation loss
Where one party has not performed at all
- cost of obtaining goods/service
- sue for profit (if likely as in high demand)

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13
Q

Charter v Sullivan

A

Where one party performs contract but defectively

  • cost of restoring goods to expected quality
  • gap in between price of goods contracted for & those received
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14
Q

Anglia TV v Reed

A
Reliance loss (if hard to work out expectation loss)
Damages assessed by loss suffered by C on reliance of the contract going ahead
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15
Q

Farley v Skinner

A

Reliance loss

Can be used to cover loss of amenity/pleasure

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16
Q

Thai Airways v KI Holdings

A

C has duty to mitigate loss

  • C must take reasonable steps to minimise loss caused by breach
  • more lost profit due to not taking reasonable steps not compensated for
17
Q

White and Carter v McGregor

A

Duty to mitigate losses only applies after actual breach (does not apply to anticipatory)

18
Q

Normal losses & special losses

A

Normal losses come naturally from the breach

Special losses are caused by/based on particular circumstances

19
Q

When equitable remedies used

A

If damages not adequate remedy

20
Q

Prohibitory injunction

A

Court order to stop someone doing something

21
Q

Mandatory injunction

A

Court order to do something

22
Q

Beswick v Beswick

A

Specific performance

Court order requiring a party to specifically carry out their obligation as agreed in the contract

23
Q

Requirements to use specific performance

A
  • damages must be inadequate
  • order must not cause undue hardship to D
  • cannot be used for personal services
24
Q

Statutory Remedies under CRA 2015 for goods

A

S20- right to reject (refund within 30 days)
S23- right to repair/replacement
S24- if goods cannot be fixed/replaced, reduction in price/refund may be available (guaranteed first 6 months)

25
Q

Statutory Remedies under CRA 2015 for services

A

S55- repeat performance

S56- right to reduction in price

26
Q
Statutory remedies under 
Law Reform (Frustrated Contracts Act) 1943
A

S1(2)- anything paid before FE can be covered, anything yet to pay is not payable
S1(3)- where no pre-payment had been made before frustration but performance has started, money may be sought for part performance