Remedies Flashcards
What was stated in Robinson v Harman?
Damages are to put C back in the position they would have been in should the contract have been executed
What damages are awarded if there is no financial loss?
Nominal damages/unliquidated damages
What was held in Wrotham Park v Parkside?
There can be compensation for a sum a party would have reasonably demanded for them to breach their obligations
What was held in Ruxley Electronics v Forsyth?
Damages are awarded for loss of amenity if the purpose of the contract was to provide amenity
What is the test in Hadley v Baxendale for remoteness of damage?
- Must be a naturally occurring loss of the breach
- Can be a non-natural loss providing the loss was at the ‘reasonable contemplation of both parties at the time the contract was made’
What was held in Chaplin v Hicks?
Speculative loss cannot be claimed, however, loss of chance can
What was held in C&P Haulage v Middleton?
C cannot seek reliance loss to rescue himself from a bad bargain
What was held in Anglia TV v Reed?
In reliance pre-contractual losses are recoverable if within the contemplation of parties
What is restitution interest?
Right to repayment of benefits after the contract was agreed if D enriched at C’s expense
What are liquidated damages?
Contract specifies the amount of damages due to breach
What was held in Dunlop v New Garage?
Liquidated damages clauses are a genuine or reasonable pre-estimate of the loss
What was held in Arvici v Fallon?
A prohibitory breach can be awarded which tells a party not to breach a contract
What is specific performance?
Requires the party to carry out their primary obligations
What was held in Beswick v Beswick?
It must be just and reasonable for specific performance to be carried out
What was held in Patel v Ali?
Specific performance cannot be used where severe hardship would be caused to D
