General Remedie s

Question 1

Purpose of damages

Answer 1

To put the victim in the position they were in before the contract was made

Question 2

Calculating damages - Factual causation

Answer 2

‘But for test’, but for the defendants breach, would the claimant have suffered a loss

Question 3

Remoteness of damage

Answer 3

‘But for’ Test in relation to profit could cause floodgates to open. Therefore guidliens employed in Hadley v Baxindale

Question 4

Hadley v Baxindale Guidlines

Answer 4

Natural consequence of breach

Such damages as may it is reaosnable that they may have been in contemplation of both parties at the time

Question 5

Loss of a bargain

Answer 5

1) Difference in value of goods/services and those actually provided
2) Where either is a market, damges will be the difference between contract price and market price
3) Lost profit is recoverable;
4) Loss of chance - Speculative

Question 6

Reliance loss

Answer 6

hard to calculate loss of profit, so they will compensate the innocent party for anythign they spend relying on the contract (Anglia TV v Reed)

Question 7

Speculative dmaages

Answer 7

Difficult to calcualte - Chaplin v Hicks

Question 8

Recission

Answer 8

Clarke v Dickinson, position before contract

Question 9

Specific performance

Answer 9

Hard to enforce