Remedies

Question 1

Introduction to Remedies

Answer 1

• Generally, three types of remedies
  
  • At common law
  • In equity
  • Under legislation
• Legislative remedies trump others
• No equitable remedy if common law remedy sufficient
• *Flint v Brandon**
• Quasi-contractual remedies

Question 2

Damages

Answer 2

Damages

• Compensatory in nature
• Put partiies in position they would have been in, had there been no breach
  
  • Robinson v Harman
• Assesment may be proximate
  
  • Pennant Hills Restaurant v Barrell Insurances

Question 3

Expectation / Performance interest

Answer 3

Loss of benefit to injured party
- Ruxley Electronics v Forsyth

Question 4

Reliance interest

Answer 4

Expenses occured in reliance on the contract

Anglia Television v Reed

Question 5

Duty to mitigate

Answer 5

Not a duty in the strict word

Failure to mitigate may affect award of damages
-> Payzu v Saunders

Must take “reasonable steps”
-> British Westinghouse v Underground Electric Railway

Question 6

Remoteness

Answer 6

Remoteness

Test in Hadley v Baxendare

1. Liabilty for loss likely to flow from breach (ordinary loss)
2. Liability for loss when consequences of breach are known (extraordinary loss)

Applied in: Victoria Laundry v Newman Industries

Question 7

Liquidated damages

Answer 7

• Liquidated damages
  
  • Pre-determinated damages are called “liquidated damages”
  • Dunlop Pneumatic Tyre Co v New Garage and Motor

Question 8

Remedies in Equity

Answer 8

• Specific performance
  
  • Judicial decree ordering a party to perfom obligation
    
    • Patel v Ali
• Injuction
  
  • Judicial decree preventing a party from breaching a contract
    
    • Lumley v Wagner
• Rescission
  
  • Parties restored to pre-contractural position
    
    • Barclays Bank v O´Brien
  • Not available for breach of contract
  • Misrepresentation / Mistake
    
    • Lead v International Galleries

Question 9

Quasi-contractual Remedies

Answer 9

• Quantum meruit
  
  • Partial remuneration for partial performance
    
    • Cutter v Powell
    • Sumpter v Hedges

Question 10

Summary of Remedies

Answer 10

• Common law remedies
  
  • Damages
• Equitable remedies
  
  • Specific performance
  • Injunction
  • Rescission
• Quasi-contractual remedies
• If there are remedies under legislation they trump other remedies