Remedies

Question 1

Photo Production Ltd v Securior Transport 1980

Answer 1

Fundamental Breach does not prevent reliance on liability clause

Question 2

Co Operative Insurance Society v Argyll Stores 1998

Answer 2

No Injunction to keep business open

Question 3

Farley v Skinner 2001

Answer 3

Mental Distress - recoverable if physical + mental OR if important objective of contract was mental peace
Airplane noise

Question 4

HR Fir Shipping v Kawasaki Kisen Kaisha

Answer 4

Innominate terms - serious damage? - no = cannot rescind

Question 5

AG v Blake 2011

Answer 5

Disgorgement Damages - available in exceptional cases

Legitimate interest in taking away profit + other damages not suitable

Question 6

Hochster v De La Tour 1853

Answer 6

Anticipatory breach - can bring claim immediately

Question 7

Rowland v Divall 1923

Answer 7

Money spent on improvements not recoverable

Question 8

Hoenig v Isaacs 1952

Answer 8

Not completed perfectly = deduction for defects

Question 9

White & Carter v McGregor 1962

Answer 9

One repudiates other can perform (if he does not need cooperation) -ad

Question 10

CCC Films London v Impact Quadrant Films 1985

Answer 10

Reliance Interest - wasted expenditure over loss of profit

Question 11

Hadley v Baxendale 1854

Answer 11

Naturally Arisen OR within reasonable contemplation

Question 12

Victoria Laundry v Newman Industries

Answer 12

REMOTENESS
Foreseeable?
Lucrative Contract v Normal Profit

Question 13

Ruxley Electronics v Forsyth 1996

Answer 13

Loss of Amenity Damages Pool

Question 14

Transfield Shipping v Mercator Sh (The Achilleas) 2008

Answer 14

REMOTENESS
Assume Responsibility
Hale - within contemplation of both parties