Remedies - agreed damages and penalties

Question 1

Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915]

extravagance compared to expected loss

Question 2

CMC Group plc v Zhang [2006]

lack of proportionality between breach and damages

Question 3

Murray v Leisureplay plc [2005]

difficulty of estimating loss in advance

Question 4

Alder v Moore [1961]

payment to injured footballer conditional on not playing again; primary and secondary obligations

Question 5

Euro London Appointments Ltd v Claessens International Ltd [2006]

conditions precedent, not secondary obligation

Question 6

Cavendish Square Holding BV v El Makdessi, ParkingEye v Beavis [2015]

legitimate business interest; primary and secondary obligations

Question 7

Howe v Smith (1884)

deposit as an ‘earnest’ to commit to performance

Question 8

Dies v British International Mining Corp [1939]

advance payments that are not deposits

Question 9

Workers Trust and Merchant Bank Ltd v Dojap Investments Ltd [1993]

excessive deposit is not a true deposit

Question 10

Union Eagle Ltd v Golden Achievement Ltd [1997]

purchaser forfeits deposit for being slightly late

Question 11

Re Dagenham (1873)

payment by instalments

Question 12

Stockloser v Johnson [1954]

equitable response to unconscionable forfeiture of instalments

Question 13

Jobson v Johnson [1989]

consequences of missing instalment were penalty