Remedies Flashcards

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0
Q

AG v Blake

A

Restitutionary damages for breach of contract e.g. advance payment for goods which fail to be delivered

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1
Q

Anglia Television v Reed

A

expectation/reliance loss

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2
Q

Vesta v Butcher

A

Contributory negligence where liability in contract is the same as in tort

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3
Q

Farley v Skinner

A

If a major or important object of the contract is to give pleasure or enjoyment then can recover for non-pecuniary loss

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4
Q

Hadley v Baxendale

Restated in The Heron II

A

Remoteness - too remote a consequence of the breach

  1. Loss arising naturally
  2. Loss contemplated
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5
Q

Chaplin v Hicks

A

Quantification is for the courts except for s51 of the SOGA and speculation will not prevent them being awarded

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6
Q

Brace v Calder

A

Mitigation - reasonable steps

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7
Q

Pneumatic Tyre Co v New Garage

Interfoto

A

Liquidated damages - i.e. a fixed price on breach

Penalty - not a genuine pre-estimate of the loss but a threat - invalid

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8
Q

Patel v Ali

A

Specific performance will only be given where it will not incur hardship

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9
Q

Hill v Parsons

A

Injunction - usually refused on the same grounds of specific performance

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10
Q

Whittington v Seale-Hayne

A

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

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