LAW P3 CONTRACT CASES (REMEDIES)

Question 1

What is the case for compensatory damages (liquidated damages)

Answer 1

Dunlop pneumatic tyre co v new garage and motor co, the case set out a test to differentiate between liquidated damages and penalties

Question 2

What is the case for compensatory damages (unliquidated damages remoteness of loss)

Answer 2

Hadley v Baxendale, the test was established for remoteness of damage

Question 3

What is the case for compensatory damages (unliquidated damages mitigation of loss)

Answer 3

Pilkingston v Wood, the duty to mitigate did not require C to ‘embark on a complicated and difficult piece of litigation against a third party’

Question 4

What is the case for equitable remedies (specific performance is fair)

Answer 4

De francesco v barnum, the contract was so disadvantageous that the court would grant neither an injunction or require specific performance