Remedies Flashcards
AG v Blake
Restitutionary damages for breach of contract e.g. advance payment for goods which fail to be delivered
Anglia Television v Reed
expectation/reliance loss
Vesta v Butcher
Contributory negligence where liability in contract is the same as in tort
Farley v Skinner
If a major or important object of the contract is to give pleasure or enjoyment then can recover for non-pecuniary loss
Hadley v Baxendale
Restated in The Heron II
Remoteness - too remote a consequence of the breach
- Loss arising naturally
- Loss contemplated
Chaplin v Hicks
Quantification is for the courts except for s51 of the SOGA and speculation will not prevent them being awarded
Brace v Calder
Mitigation - reasonable steps
Pneumatic Tyre Co v New Garage
Interfoto
Liquidated damages - i.e. a fixed price on breach
Penalty - not a genuine pre-estimate of the loss but a threat - invalid
Patel v Ali
Specific performance will only be given where it will not incur hardship
Hill v Parsons
Injunction - usually refused on the same grounds of specific performance
Whittington v Seale-Hayne
Rescission - where the parties are put in the place which they would have been in had they not made the contract -
will be barred if the contract is affirmed, it is no longer possible to rescind or if third party rights have been acquired