Remedies Flashcards
If there is a breach what are the remedies?
Damages (main one)
Specific performance)
What must be proven in order to receive damages?
There was an intervening act which broke the chain of causation
The loss caused by the breach was too remote from the breach
The party has attempted to minimise losses
What case is relevant to chain of causation?
County ltd v girozentrale securities
Facts of County ltd v girozentrale securities
D was in charge of selling shares for C
D went outside the terms of agreement in an attempt to sell them
This failed and C lost approximately £7million worth of shares
D looked to recover these
Outcome of County ltd v girozentrale securities
The claim was successful
D’s act was the direct cause of the loss - but for test
What case is related to the breach bring too far from the damage?
Hadley v Braxendale
Facts of Hadley v Braxendale
C owned a mill
They employed D to transport the broken and new crank shaft
They failed to do this in the specified time frame
C sought damages for loss while mill was closed
Outcome of Hadley v Braxendale
Court held the loss was too remote and not entitled damages. Had they told D it was the only crankshaft and that they would be out of business the matter would be different
This created 2 limb test of foreseeability
What case is rejected to duty to mitigate
Brace v Calder
Facts of Brace v Calder
C was offered employment for 2 years
Some owners left and company resolved
2 owners continued similar business in their own right and invited C to work with them
C refused
Outcome of Brace v Calder
Refused damages because failed to reduce the loss by accepting employment
When is specific performance available?
If damages are not adequate
Awarding damages would be unfair
The judge feels they’re most suitable - at his discretion
Contract doesn’t involve personal services
What case is relevant ti damages not being adequate?
Philips v Lamdin
Facts of Philips v Lamdin
C purchased house from D with rare door frame
D removed door prior to completion of sale
Outcome of Philips v Lamdin
Specific performance was ordered to return the door
Damages was not appropriate because another one could not be remade
What case is related to awarding if damages being unfair
Beswick v Beswick
Facts of Beswick v Beswick
Coal merchant agreed with D that after his death his widow C would be paid monthly
No payment was made
She couldn’t sue as she was not party to the contract
Instead bought interim action on behalf of her husbands estate
Outcome of Beswick v Beswick
The court held it would not be fair to order damages as the estate had suffered no loss
However they could use specific performance to make them pay C
