non-compensatory remedies Flashcards
when are non- compensatory damages used
when ordinary damages are inadequate
what is specific performance
court order instructing a party to perform
when is specific performance granted
- ## 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
can specific performance be refused.
assessing the consequences of the remedy based on the facts.
- unlike damages there is no right to specific performance, its discretionary
what is available following a breach under CRA 2015
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.
what is an injunction
an order to stop someone doing something
what are the two types of injunctions
- prohibitory injunctions- stop a breach by enforcing a negative obligation-
- mandatory injunction- are used after the breach- requires party to correct or reverse the effect of breach
what are the requirements for order of mandatory injunctions
same as specific performance- damages must be inadequate.
what are the requirements for order of prohibitory injunctions
what is unjust enrichment
reversing the benefit a party gained.
In which case was the requirements for unjust enrichment set out
Banque Financière de la Cie v parc
according to banque financière de la cite v parc what are the requirements for unjust enrichment
- there must not be a contract. void contracts can use unjust enrichment
- there must be a total failure of consideration.- Fibrosa v fairbairn. partial failure will not allow
what is the Quantum Meruit remedy and what are the requirements
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
Benedetti v Sawiris
for a quantum merit the amount awarded is what a reasonable person would expect to pay
what is account of profits
general rule- wroth park estate v Parkside homes if a party profits from their breach, innocent party has no rights to claim that profit.
what did attorney v Blake develop of account of profits
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
What are negotiating damages
(wrotham park damages) are compensation for actual loss caused by a breach.
if there is no loss, nominal damages are awarded
what are agreed damages
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)
