Remedies-compensatory Flashcards
What is meant by liquidated damages?
the parties have agreed on damages when making the contract
Which cases go with liquidated damages?
Dunlop Tyre V New garage
Parking Eye V Beavis
Dunlop V Tyre?
-amount agreed should be paid.
Parking eye V Beavis
-if the amount of damages agreed exceeds the breach of contract ,this will be unenforceable
-legitimate interest
What are unliquidated damages?
-No fixed amount of damages has been agreed.
-The courts look at placing the party in the position they would have been in had the breach not occurred.
What is the test for unliquidated damages?
-must be caused by a breach of contract
Which cases go with the test for unliqudated damages?
-Stansbie v Troman
Stansbie V Troman?
but for D’s breach of contract, C would not have suffered the loss
What are the three types of damages available?
- Nominal
- Substantial
- Exemplary
What does the defendant have a duty to do?
-mitigate their losses.
What are nominal damages?
awarded when the injured party has a valid claim but the courts don’t think compo should be given,so they’ll award a very small amount (Charter v Sullivan)
What are substantial damages?
compensation for actual losses suffered
What are exemplary damages
-awarding excess money in order to show disapproval
