Remedies Flashcards
1
Q
What does an indemnity create?
A
A primary obligation
2
Q
Do indemnities need to be evidenced in writing?
A
No because it is a primary obligation
3
Q
Can the courts decide what type a term is contrary to what is specified?
A
Yes, the court may decide a term is an innominate term even though it’s a condition (example).
4
Q
What damages can be claimed under the sale of goods act?
A
All losses which flow naturally from the breach or within reasonable contemplation.
Faulty item itself, consequential damage to other property & personal injury as long as it’s not too remote
