Remedies Flashcards
What are the 3 types of remedy?
- Legal - repudiation and damages
- Equitable - injunctions and specific performance
- Specific remedies under the Consumer Rights Act 2015 and Law Reform (Frustrated Contracts) Act 1943
Discuss repudiation
When a contract is ended. Only possible for a breach of conditions or innominate terms.
What are the 2 types of damages
- Compensatory
2. Nominal
Discuss nominal damages
When the V of a breach suffers no loss, the court can award nominal damages as compensation.
Discuss compensatory damages
Robinson v Harman shows the purpose of such damages is to put the V in the same position they would be in, had the contract been performed.
The loss from damages must not be too remote from the breach. Hadley v Baxendale shows that normal losses that are part of ‘everyday business’ must be reasonable foreseeable. Special losses, depending on particular circumstances, require the D to actually know of the circumstances.
What are the two ways to calculate damages?
- Expectation loss - where the innocent party has lost what they expected to receive, they can claim damages for the cost of what they lost.
- Reliance loss -
Discuss expectation loss
In Thompson v Robinson, the value of the car could be recovered as this profit was lost; but it could not be in Charter v Sullivan as it would be easy to find another buyer and so profit was not lost.
Discuss reliance loss
Only used when expectation loss is hard to calculate, as in Anglia TV v Reed.
In Farley v Skinner, it would be hard to calculate the value of silence and so C was compensated for lost pleasure.
Discuss duty to mitigate loss
C must also take reasonable steps as to mitigate their loss, as in Thai Airways v KI Holdings.
What are the 3 parts to decide what damages can be claimed?
- Loss must not be too remote
- Calculating damages
- Mitigating loss
