Lecture 4 - Remedies for Breach of Contract

Question 1

what are the two types of remedies for breach of contract?

Answer 1

• common law remedies
• equitable remedies

Question 2

examples of common law rememdies?

Answer 2

• damages
• quantum meruit

Question 3

examples of equitable remedies?

Answer 3

• specific performance
• injunctions

Question 4

two types of damages?

Answer 4

liquidated damages
unliquidated damages

Question 5

liquidated damages = ?

Answer 5

where the parties assess the damage in advance and agree in the contract that the sum shall be payable in the event of a breach

Question 6

unliquidated damages = ?

Answer 6

aim is to put the injured party in the position he would have been in if the contract was carried out properly

e.g., financial loss, damage to property, personal injuries

Question 7

quantum meruit?

Answer 7

a remedy which means the claimant will be awarded as much as he has earned (based on merit)

Question 8

two ways quantum meruit can be awarded?

Answer 8

contractually - used to recover a reasonable price/remuneration

quasi contractually - work has been done under a void contract - plantiff cannot recover damages as no contract exists, but can recover quantum meruit

Question 9

specific performance?

Answer 9

a degree of specific performance is an order of the court requiring the party in breach to carry out his contractual obligations

Question 10

in which instances will specific performance be withheld?

Answer 10

• if damages suffice, specific performance isn’t required
• both parties must be seeking specific performance
• an order won’t be made unless the court can supervise its enforcement

Question 11

injunction = ?

Answer 11

an order of from the court