non-compensatory remedies

Question 1

when are non- compensatory damages used

Answer 1

when ordinary damages are inadequate

Question 2

what is specific performance

Answer 2

court order instructing a party to perform

Question 3

when is specific performance granted

Answer 3

• ## damages are in adequate- where the award doesn’t protect the innocent parties expectation interest- specific one time only items. can quantify the loss suffered

Question 4

can specific performance be refused.

Answer 4

assessing the consequences of the remedy based on the facts.
- unlike damages there is no right to specific performance, its discretionary

Question 5

what is available following a breach under CRA 2015

Answer 5

consumers are entitled to performance- based remedies such as repair and replacement where they are not available they are entitled to a price reduction or an end to the contract.

Question 6

what is an injunction

Answer 6

an order to stop someone doing something

Question 7

what are the two types of injunctions

Answer 7

1. prohibitory injunctions- stop a breach by enforcing a negative obligation-
2. mandatory injunction- are used after the breach- requires party to correct or reverse the effect of breach

Question 8

what are the requirements for order of mandatory injunctions

Answer 8

same as specific performance- damages must be inadequate.

Question 9

what are the requirements for order of prohibitory injunctions

Question 10

what is unjust enrichment

Answer 10

reversing the benefit a party gained.

Question 11

In which case was the requirements for unjust enrichment set out

Answer 11

Banque Financière de la Cie v parc

Question 12

according to banque financière de la cite v parc what are the requirements for unjust enrichment

Answer 12

1. there must not be a contract. void contracts can use unjust enrichment
2. there must be a total failure of consideration.- Fibrosa v fairbairn. partial failure will not allow

Question 13

what is the Quantum Meruit remedy and what are the requirements

Answer 13

award for a reasonable sum for work done or goods or services provided
1. no contract must exist
it will be the amount a reasonable person would have expected to pay

Question 14

Benedetti v Sawiris

Answer 14

for a quantum merit the amount awarded is what a reasonable person would expect to pay

Question 15

what is account of profits

Answer 15

general rule- wroth park estate v Parkside homes if a party profits from their breach, innocent party has no rights to claim that profit.

Question 16

what did attorney v Blake develop of account of profits

Answer 16

clarified the requiremtns
1. only available where other remedies are inadequate
2. innocent party needs a ‘legitimate interest’ in taking away the profit gained.
3. breach should be equivalent to a breach of fiduciary duty or breach or confidence.
A CLAIM FOR ACCOUNT OF PROFITS IS SO EXCEPTIONAL THAT IT SHOULD ONLY REMAIN FOR FACTS EQUIVALENT TO THOSE IN BLAKE

Question 17

What are negotiating damages

Answer 17

(wrotham park damages) are compensation for actual loss caused by a breach.
if there is no loss, nominal damages are awarded

Question 18

what are agreed damages

Answer 18

terms that agree in advance the damages to be paid following a breach.
- either be
enforceable as liquidated damages clause
or (if they were a genuine pre-estimate of the loss)
- unenforceable as a penalty clause (if the sum was much larger)