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Contract > Remedies > Flashcards

Remedies Flashcards

1
Q

Equitable remedies

A

Injunction
Specific performance

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2
Q

Injunction case

A

Page one records V britton

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3
Q

What is injunction

A

Court order ask party not to breach contract

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4
Q

Specific performance

A

Ordering party to perform contractual duty

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5
Q

Specific performance case

A

Airport industrial GP V Heathrow airport

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6
Q

When is specific performance not used

A

For personal service or when cannot be supervised by court

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7
Q

Purpose of damages

A

Place C in portion he would have beeen in if the contract had been completed

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8
Q

Liquidated damages

A

Set amount stated in contract

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9
Q

Liquidated damages case

A

Dunlop pneumatic tyres

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10
Q

Mitigation of loss

A

Party must take reasonable steps to minize effect of breach

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11
Q

Mitigation of loss case

A

White and carter V mcgregor

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12
Q

Remoteness test

A

Objective - natural concquences of breach

Subjective - knowledge of parties

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13
Q

Remoteness test case

A

Hadley V baxensale

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14
Q

Quatum merit basis

A

Fair and reasonable

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15
Q

Causation

A

But for breach loss would not have happened

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16
Q

Nominal damages

A

Can be given

Staniford V lyall

17
Q

Restitution

A

Pay money or benefit back

18
Q

Loss of amenity

A

Farley V skinner

19
Q

Reliance loss

A

Expense incurred by c for relying on contract

20
Q

Reliance loss case

A

Anglia tv V reed

21
Q

Expectation loss

A

Put c in position as if contract had been performed properly

22
Q

Expectation loss case

A

Bence grahpic international V fasson

23
Q

What if market value changes

A

Damages will be difference of market value and contract price

Charter V Sullivan

24
Q

Recission

A

Put party’s back in orecontractaul position

Contract (18 decks)

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