Remedies Flashcards
Charter v Sullivan
No loss of profit as resold the car for same price (just nominal to recognise breach)
Ruxley v Forsyth
C got damages for loss of amenity when pool was not exact
Anglia TV v Reed
Could claim for reliance losses from prepping for TV show
Clarke v Dickson
Misrep but couldn’t rescind, damages awarded instead
Addis v Gramophone
Couldn’t claim for embarrassment after losing job, damages for salary only
Hadley v Baxendale
Unforeseeable that mill would stop running so no damages, too remote
Victoria Laundry v Newman Industries
Normal loss of profit from laundrette was foreseeable, but special war contract was too remote
Heron 2
Selling sugar was foreseeable from transporting it so C got damages
H Parsons v Uttley Ingham
Pigs dying from eating mouldy food was foreseeable so C got damages
British Westinghouse Electric
C had mitigated their losses by getting more efficient turbines
Wrotham Park v Parkside Homes
Won token payment for losing right to negotiate development contract
ParkingEye v Beavis
Damages rather than penalty fee for parking, not too extravagant
Cavendish Square Holdings v Talal El Makdessi
Not a penalty, the fine protected legit interests
Airport Industrial v Heathrow Airport
Specific performance ordering building the airport carpark
Ryan v Mutual Tontine
Porter services not ordered as couldn’t guarantee supervision of specific performance
Patel v Ali
Selling house would cause too much hardship, specific performance not ordered
Walters v Morgan
Mining not allowed since acted unfairly with lease
Irani v Southampton AHA
Unfairly fired, court injunction stopped NHS
Page One Records v Britton
No injunction as unfair to stop band getting a new manager
Section 20 CRA
Short-term right to reject goods
Section 22
Right to reject within first 30 days
Section 23
Right to repair or replace goods
Section 24
Right to keep with price reduction or final right to reject goods with reduction for wear & tear