Remedies Flashcards
Purpose of damages
Compensate the injured party
Are punitive damages available for breach of contract?
No
How did Robinson v Harman summarise the basic measure of contractual damages?
Where a party sustains loss by reason of a breach if contract he is so far as money can do it to be placed in the situation with respect to damages as if the contract had been performed
Two kinds of loss in damages
Expectation loss
Reliance loss
What does expectation measure?
The difference between performance and non performance
What does reliance measure?
The wasted expenditures the claimant has incurred
When is restitution available?
When the claimant can establish that the defendant was enriched at the claimants expense
What does mitigating damage do?
Avoid increasing loss and act reasonable to reduce it
What are liquidated damages?
A pre decided amount of damages available in the event if a breach
What must liquidated damages be?
A genuine amount
Not unconscionable
Two kinds of equitable remedies
One that orders the performance
One prohibits a party from certain acts
When are exceptional remedies ie an order for specific performance enforced?
When damages are in inadequate remedy
What is an injunction
An equitable remedy to prohibit certain conduct
