Q9 Remedies Flashcards
In which situation would ‘Judicial Review’ be appropriate?
A.
Where you need a judge to help resolve a dispute about contract interpretation
B.
Where a public body has acted beyond the scope of its powers
C.
When you need help finding lost property
D.
Where the court is asked to conduct an options appraisal
B.
Where a public body has acted beyond the scope of its powers
What term is used to define a contract mechanism that seeks to pre-calculate a financial compensation rate for delay in performance?
A.
Liquidated Damages
B.
Liquid Damages
C.
Assessed Damage
D.
Assessed Damages
A.
Liquidated Damages
The doctrine of ‘quantum meruit’ may help to get payment to a supplier in which of the following circumstances?
A.
Where a contract has no provisions about payment or costing of the work done
B.
Where the contract’s payment mechanism does not cover all aspects of the job
C.
Where inflation has adversely affected the value of the prior agreed rates
D.
Where the supplier has failed to deliver any materials or perform any work
A.
Where a contract has no provisions about payment or costing of the work done
What is the limitation period for a contract made as a deed?
A.
6 months
B.
6 years
C.
12 months
D.
12 years
D.
12 years
Which of the following is not a valid way in which a person can become blocked from exercising a contractual entitlement?
A.
Waiver
B.
Release
C.
Estoppel
D.
Threat of violence
D.
Threat of violence
Which of the following cases does not concern the calculation of compensation in tort or contract?
A.
Hadley -v- Baxendale (1854)
B.
Bolton -v- Stone (1951)
C.
Spartan Steel Alloys -v- Martin & Co (Contractors) (1972)
D.
Ruxley Electronics -v- Forsyth (1995)
B.
Bolton -v- Stone (1951)
Bolton -v- Stone concerns cricket balls being hit out of a grounds - and whether that is a tolerable social risk in Nuisance.
Which of the following is an incorrect statement about the Limitation Act 1980?
A.
It was amended by the Latent Damage Act 1986
B.
It specifies a 6 year limitation period for breach of contract
C.
It specifies a 3 year time limit for bringing claims in Tort
D.
It specifies a 6 year time period for bringing a claim in Tort (except for claims for personal injury which must be brought within 3 years)
C.
It specifies a 3 year time limit for bringing claims in Tort
If you commence a contractual claim against the other party to a contract and they respond by alleging that you have also breached provisions in the contract what is this called?
A.
Counter-claim
B.
Counter-attack
C.
Counter-factual
D.
Counter-intuitive
A.
Counter-claim
The claimant’s duty to mitigate their loss is most commonly associated with which type of claim?
A.
Breach of contract
B.
Nuisance
C.
Negligence
D.
Statutory Nuisance
A.
Breach of contract
Which of the following is an example of a ‘pure economic loss’?
A.
The cost of repairing physical damage when a building is destroyed by fire caused by a negligently repaired gas cooker.
B.
Loss that is suffered when a building is found to be worth less than it was negligently valued at
C.
Bodily injury suffered when the driver of a car is hit from behind by another vehicle
D.
Devaluation of a property caused by a private nuisance arising from frequent noisy parties.
B.
Loss that is suffered when a building is found to be worth less than it was negligently valued at
Section 1 of the Defective Premises Act 1972 does what?
A.
Imposes a duty of care upon a buyer in relation to former owners of dwellings for works carried out to those properties
B.
Imposes a duty of care upon a seller in relation to subsequent owners of dwellings for works carried out to those properties
C.
Imposes a duty of care upon a builder in relation to subsequent owners of dwellings for works carried out to those properties
D.
Imposes a duty of care upon a seller in relation to former owners of dwellings for works carried out to those properties
C.
Imposes a duty of care upon a builder in relation to subsequent owners of dwellings for works carried out to those properties
Which cause of action is associated with the following aims of compensation:
“making up for the harm suffered and expense associated with coping with that harm”?
A.
Contract
B.
Tort
C.
Crime
D.
Judicial Review
B.
Tort
Which of the following is not a ‘non-pecuniary remedy’
A.
Declaration
B.
Injunction
C.
Judicial Review
D.
Damages
D.
Damages
‘Pecuniary’ means monetary. ‘Damages’ is what the law calls ‘compensation’.
(NOT a non-pecuniary remedy)
Spartan Steel & Alloys Ltd -v- Martin & Co (1971) shows what?
A.
That Tort is less generous that Contract in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach
B.
That Tort is more generous that Contract in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach
C.
That Contract is less generous that Tort in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach
D.
That Tort is less generous that Contract in how it sets limits to recovery in damages for the chain of knock-on beneficial consequences that can follow from a breach
A.
That Tort is less generous that Contract in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach
In which part of Tort is recovery for pure economic losses possible?
A.
Breach of contract
B.
Negligence
C.
Negligent Misstatement
D.
Trespass
C.
Negligent Misstatement
breach of contract not tort!