Remedies

Question 1

Damages

Answer 1

Any amount of money awarded by a court in order to compensate a c who has suffered a loss or damage as a result of a wrong for which the D is responsible

Question 2

Compensatory damages

Answer 2

Available ‘as of right’ at common law when a contractual term has been broken

Question 3

Liquidated damages

Answer 3

Amount of damages are fixed by a term of the contract - will be a pre-estimation of the cost within the contract that determines the damages available if the terms were breached

Question 4

Unliquidated damages

Answer 4

Amount of damages not fixed by a term of the contract - damages are determined after the breach has taken place

Question 5

Order of specific performance

Answer 5

The party who has breached the contract is ordered by the courts to fulfill that contract or elements of it