Remedies

Question 1

what are the kinds of remedies

Answer 1

• legal remedies
• equitable remedies
• remedies under specific performance

Question 2

Legal remedies

Answer 2

Damages for rights with respect to goods

• right to rejection
• right to repudiate (treat the contract as if it ends)
• discharge of contract when
• breach of a condition or innominate term
• one party refuses to do his obligations or the substantial part of obligations including anticipatory breach
• one party makes it impossible to perform contract

Question 3

The sale of goods act 1979 remedies

Answer 3

• a lien = possession over goods until they receive payment
• rights to stopping the goods in transit and regaining possession of the goods from carrier (insolvency)
• right to resale as limited by the act

Question 4

CRA 2015 remedies

Answer 4

• S20 = short term rights to reject
• S23 = right to repair or replacement
• S24 = right to price reduction

Question 5

Nominal damages

Answer 5

Where no actual loss is present but there is a breach courts may award damages as seen in Staniforth V Lyall
Wrotherm park damages = where equitable remedy was refused and no monetary loss was provable, try to reasonable negotiate between the parties for giving permission to the wrongdoer to act as they did, difficult to impose as lack of outlining as to when to use (Morris v one step = when C has a very real problem in establishing financial loss)

Question 6

Speculative damages

Answer 6

• should be careful when awarding damages on a speculative nature
• law has broaden with regards to mental distress (Jarvis v Swan)
• Damages for loss of amenity when the contract was for the provision of a pleasurable amenity

Question 7

Amenity pleasure damages

Answer 7

Ruxley v Forsyth = court award 2500 for loss of amenity

Question 8

Remoteness of damage

Answer 8

Tests for when damages CAN be rewarded
test est. by Hadley v Bexendale
- objective test according to what loss is a natural consequence of the breach
- subjective test,, based on specific knowledge of potential losses in the minds of both parties when forming contract

Question 9

Victoria laundry v newman

Answer 9

est developed test for remoteness

• revpberable loss should be measured against a test of reasonable foreseeability
• foreseeability of loss is itself dependant on knowledge at the time the contracts were made
• knowledge is of two types common knowledge and actual knowledge

Question 10

Czarnikow v Koufos

Answer 10

Knowledge can be implied on the basis of what a reasonable man may have contemplated in the circumstances

Question 11

Loss of bargain

Answer 11

• the difference in value between the goods or services required ub the contract and those actually provided
• where there is a market, damages will be the difference between the contract price and the price in the market
• loss of profit
• loss of chance - speculative

Question 12

difference between the values between the goods and services and those actually provided

Answer 12

Benice v Fasson

Question 13

damages between given for the contract price and the market price

Answer 13

Charter v Sullivan = market would have allowed the seller to easily sell car to make profit and therefore nominal damages were awarded
Thompson v Robinson = no available market claim for full loss

Question 14

loss of profit

Answer 14

Victoria v newman - where claimant recovered the profit that he would have made if the breach didn’t happen

Question 15

Loss of chance

Answer 15

Chaplin v Hicks

Question 16

Reliance loss

Answer 16

expense incurred by C who relied on the contract being performed. C may also recover for expenses they had made before the contract was made
Anglia v Reed = Reed was an actor and centre of the film with no understudy, breach of contract lead to the award of reliance loss damages

Question 17

Restitution

Answer 17

Repayment o any money or other benefits passed to the defendant in advance of the contract that is breached

Question 18

The duty to mitigate loss

Answer 18

C must do all reasonable acts to minimise the effect of the loss they have suffered, Westinghouse elec v Underground elec
HOWEVER NOT required to take unnecessary lengths - White and Carter v McGregor

Question 19

Liquidated damages

Answer 19

where the amount of damages is fixed by a term of the contract only accepted when the contract identifies the proper and accurate assessment of loss.
Dunlop v new garage test:
- an extravagant sum will always be a penalty
- payment of a large sum for failure to settle will not be allowed
- wording used in the contract is not conclusive
-

Question 20

New test for liquidated damages

Answer 20

Est. by parking eye v Beavis and Cavendish v talal
the party seeking to rely on penalty must show the clause is to protect against legitimimat interest and that the penalty is not exorbitant or unconscionable.
- the penalty no longer has to be genuine pre-estimate of loss
- applies to Commercial and consumer
- the party seeking to allow the penalty does not have to have suffered loss

Question 21

Quantum meruit

Answer 21

• in contract missing parts = Upton council v Powell
• where extra requirement is present for a party = Steven v bromley
• where a party had already done work they can claim for this work (Barnady v Harding)

Question 22

Injunction (equitable remedy)

Answer 22

prohibitory injection = stopping another acts
interim injunction = temporary injunction
mandatory injunction = person ordered to do something
HOWEVER
court cannot award an injunction making someone complete a personal service as the court is unable to supervise such as order (Page one v Britton)

Question 23

Specific performance

Answer 23

court compelling another to act