Remedies Flashcards
Types of damages
Compensatory (suffered a loss)
Nominal (No loss)
Robinson v Harman
Purpose of compensatory is to put C in future position if contract was complete.
Hadley v Baxendale
Remoteness, normal losses- come naturally from breach, must be reasonably foreseeable. Special losses- caused by specific circumstances, not too remote if D knew about them.
Expectation loss
Lost what they expected to receive. Thomas v Robinson- not performed at all. Defectively performed- cost of restoring goods or the gap in price.
Anglia TV v Reed
Reliance loss- loss by relying on the contract.
Farley v Skinner
Can cover loss of pleasure.
Thai airways
Mitigating losses, must take reasonable steps to minimise loss.
White and carter
Only have to mitigate once the breach has happened.
Page one v Britton
Injunctions- Stop someone from doing something.
Beswick v Beswick
Specific performance- Requiring a party to carry out obligations.
Statutory remedies
CRA 2015
Law reform act 1943
Any pre-payments can be refunded.