Remedies-Compensatory Damages Part 1 Flashcards

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1
Q

3 types of remedies.

A

Legal remedies
Equitable remedies
Remedies under a specific statute

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2
Q

Who are legal remedies available for?

A

Against a person in breach of contract as a right

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3
Q

Example of legal remedies

A

Compensatory damages

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4
Q

What do compensatory damages aim to do?

A

Put the wronged party back in the position they would have been had the contract never been made.

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5
Q

Property of equitable remedies.

A

DIscretionary

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6
Q

What does equitable remedies being discretionary mean?

A

Left to individual choice or judgement whether these remedies should be given in he circumstances

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7
Q

When might courts award equitable remedies?

A

If they think legal remedies ae not the most appropriate remedy in the circumstances

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8
Q

Examples of equitable remedies.

A

Specific performance
Rescission

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9
Q

Example of remedies under a specific statute.

A

Consumer Rights Act 2015

Law Reform (Frustrated Contracts) Act 1943

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10
Q

3 types of damages.

A

Compensatory
Nominal
Speculative

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11
Q

When will nominal damages be awarded?

A

If no loss is actually suffered but there is breach, the court may award ‘nominal’ damages.

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12
Q

Case for nominal damages.

A

Staniforth v Lyall (1830)

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13
Q

Facts of Staniforth.

A

Lyall was under contract to load his cargo onto C’s boat by a certain date.
Failed and C sued as he wanted to be able to show the contract was over.
Meanwhile C hired his boat out to another party, earning more than he would have from the first deal.
Court agreed contract was terminated by breach and awarded C nominal damages

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14
Q

ho

A
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15
Q

Facts of Wrotham Park Estate Co. Ltd v Parkside Homes Ltd (1974).

A

C owned land which was subject to a restrictive covenant preventing building on it.

D built and sold houses on it.

C asked court for an injunction order that the houses had to be demolished.

Court said no since it would be unfair to those living in the houses.

Court awarded damages to represent amount C might have accepted in exchange for the release of the restrictive covenant.

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16
Q

Difficulty with Wrotham Park damages.

A

Not clear when they should be awarded

17
Q

Traditionally, how have the courts reacted to speculative damages?

A

Have been reluctant to award damages for speculative gains which might have accrued to the wronged party had there been no breach.

18
Q

Case for courts traditional attitude to speculative damages.

A

Addis v The Gramophone Company (1909)

19
Q

Case where speculative damages were awarded.

A

Chaplin v Hicks (1911)

20
Q

Facts of Chaplin.

A

C entered beauty contest advertised in newspaper.

Readers of newspaper voted on top 50 who would be invited to an interview.

12 would be selected for employment as actors.

C in top 50 but was not given letter of invitation to interview until it was too late to attend.

Sued claiming breach of contract had lost her chance of employment.

D argue it was speculative.

Awarded damages of £100 on basis that she had been deprived of a 24% of being employed.

21
Q

Case where damages were damages of a highly speculative nature where awarded for mental distress.

A

Jackson v Horizon Holidays Ltd (1975)

22
Q

Case for speculative damages were awarded for loss of amenity where the sole purpose of the contract was for the provision of a pleasurable amenity.

A

Ruxley Electronics and Construction Ltd v Forsyth (1996)

23
Q

Facts of Ruxley.

A

D builds swimming pool 10% too shallow.

Did not effect value of property and compensation for the cost of rebuilding pool correctly (over £21,000) was unreasonable.

C awarded £2,500 for loss of amenity.

24
Q

When will compensation only be given for damages considering causation and name the test?

A

For when the damage is caused by the breach- the “but for” test

25
Q

When is causation not given-if the damage is what?

A

Too remote

26
Q

Case for damages not given due to the causation and foreseeability consideration.

A

Hadley v Baxendale (1954)

27
Q

Facts of Hadley.

A

Mill owner made a contract with a carrier to deliver a crankshaft for his mill.

Mill unable to operate as existing crankshaft broken.

Carrier did not know this and was late with delivery

Mill owner not awarded damages for lost property as carrier was unaware of importance of prompt delivery.

28
Q

What was the two-part test that Hadley establish?

A
  1. Objective test- whether the loss is a natural consequence of the breach.
  2. Subjective test- whether both parties have specific knowledge of potential losses when the contract is formed.