Remedies Flashcards
Equitable remedies
Injunction
Specific performance
Injunction case
Page one records V britton
What is injunction
Court order ask party not to breach contract
Specific performance
Ordering party to perform contractual duty
Specific performance case
Airport industrial GP V Heathrow airport
When is specific performance not used
For personal service or when cannot be supervised by court
Purpose of damages
Place C in portion he would have beeen in if the contract had been completed
Liquidated damages
Set amount stated in contract
Liquidated damages case
Dunlop pneumatic tyres
Mitigation of loss
Party must take reasonable steps to minize effect of breach
Mitigation of loss case
White and carter V mcgregor
Remoteness test
Objective - natural concquences of breach
Subjective - knowledge of parties
Remoteness test case
Hadley V baxensale
Quatum merit basis
Fair and reasonable
Causation
But for breach loss would not have happened
Nominal damages
Can be given
Staniford V lyall
Restitution
Pay money or benefit back
Loss of amenity
Farley V skinner
Reliance loss
Expense incurred by c for relying on contract
Reliance loss case
Anglia tv V reed
Expectation loss
Put c in position as if contract had been performed properly
Expectation loss case
Bence grahpic international V fasson
What if market value changes
Damages will be difference of market value and contract price
Charter V Sullivan
Recission
Put party’s back in orecontractaul position