Remedies Flashcards
In which situation would Judicial Review be appropriate?
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?
Liquidated Damages
The doctrine of ‘Quantum Meruit’ may help to get a payment to a supplier when…
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?
12 Years
What are three ways in which a person can become blocked from exercising a contractual entitlement?
Waiver
Release
Estoppel
Name three cases that concern the calculation of compensation in tort or contract
Hadley-v-Baxendale (1854) - set precedent for contract damages
Spartan Steel Alloys-v-Martin & Co (1972) - limit to loss recovery in Tort law
Ruxley Electronics-v-Forsyth 1995) - Swimming pool not quite deep enough
What did the Limitation Act 1980 do?
Specify a 6 year limitation for breach of contract (unless the claim is for personal injury in which case it must be brought within 3 years)
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?
Counter-claim
The claimant’s duty to mitigate their loss is most commonly associated with which type of claim?
Breach of Contract
What is an example of a ‘pure economic loss’
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?
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 aim of compensation:
“making up for the harm suffered and expense associated with coping with that harm”?
Tort
What is a non-pecuniary remedy?
A non-monetary remedy
Name three non-pecuniary remedies
Declaration
Injunction
Judicial Review
What does Spartan Alloys Ltd-v-Martin & Co (1971) show?
That Tort is less generous than 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?
Negligent misstatement (where there is a special advisory relationship) Hedley Byrne-v-Heller - landscaper case
What is an injunction?
A command issued by a court that requires a party to a court case to do (or stop doing) something. Failure to comply is a criminal offence because it is a ‘contempt of court’.
Name three principles found in Hadley-v-Baxendale (1854)
In contract breach situations the party in breach will be liable for all losses arising from the natural and usual course of events flowing from that breach
In contract breach situations the party in breach will be liable for foreseeable specific losses which the parties would have actually realised might flow from that specific breach
In contract breach situations the party in breach will be liable for all losses which are not considered too remote by the courts
What would Rescission be a remedy for?
Negligent misrepresentation - see section 2 Misrepresentation Act 1967
If you appoint a builder to excavate and install a 2m deep swimming pool and he creates one that is 1.8m deep, what is the likely remedy?
Compensation amounting to the difference in value of a 1.8m vs a 2m deep swimming pool
Name three direct routes to compensation in a contract claim for non-performance by a contractor
- Claim under a performance bond
- Claim under a parent company guarantee
- Claim under any collateral warranties
