Exemption Clauses and Remedies Flashcards
what is an agreed damages clause?
An Agreed damages clause stipulates a sum payable upon breach
Eg have to pay £5 upon each breach for example for each late delivery
what are damages and when is it given
Generally there is a right to damages following any breach
Damages are primarily awarded in compensation for loss
what is the aim of damages
The principle of damages and what people try to get out of damages in contract law is to put you in the position had the contract been properly carried out Essentially to reimburse what you should have got under the contract
what is non pecuniary loss
losses that are not financial such as emotional distress or inconvenience is generally not recoverable
what is an exception to pecuniary losses
Non pecuniary losses are recoverable if the primary reason for that contract is for relaxation or freedom from distress and there is a clear breach of that
Farley V skinner aeroplane housing case
what was Farley V Skinner
The claimant in this case was awarded damages for distress as he had clearly stated that he would want to not be disturbed by aircraft noise in his property however since the property did get aeroplane noises, he got a successful claim
