remedies Flashcards
common law remedies
3 types of remedies
damages (2 types but exceptions non-pecuniary loss-4 of them)
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):
equitable remedies (2)
SPECIFIC PERFORMANCE: 4 of them
INJUNCTION: civil procedure rules in order 40 rule 1
parties agreed remedies (2)
LIQUIDATED DAMAGES: 3 advantages
PENALTY CLAUSES: DUNLOP CASE established 3 tests to identify penalty case.
Extinction of remedies
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