remedies Flashcards

1
Q

common law remedies

3 types of remedies

damages (2 types but exceptions non-pecuniary loss-4 of them)

A

DAMAGES: (2 types but exceptions non-pecuniary loss-4 of them)

limitation for damages: 3 of them
calculating losses: (2)

RESTITUTION:

ACTION ON AGREED SUM (DEBT):

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

equitable remedies (2)

A

SPECIFIC PERFORMANCE: 4 of them

INJUNCTION: civil procedure rules in order 40 rule 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

parties agreed remedies (2)

A

LIQUIDATED DAMAGES: 3 advantages

PENALTY CLAUSES: DUNLOP CASE established 3 tests to identify penalty case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Extinction of remedies

A

limitation clause act s.4(1a) states claimant has 6 years to bring an action before the court, after that, the court has no jurisdiction to entertain the matter.

why? To stop claimants from waiting for damages to accumulated + loss of evidence

exceptions? Disability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly