Remedies-Compensatory Damages Part 1 Flashcards
3 types of remedies.
Legal remedies
Equitable remedies
Remedies under a specific statute
Who are legal remedies available for?
Against a person in breach of contract as a right
Example of legal remedies
Compensatory damages
What do compensatory damages aim to do?
Put the wronged party back in the position they would have been had the contract never been made.
Property of equitable remedies.
DIscretionary
What does equitable remedies being discretionary mean?
Left to individual choice or judgement whether these remedies should be given in he circumstances
When might courts award equitable remedies?
If they think legal remedies ae not the most appropriate remedy in the circumstances
Examples of equitable remedies.
Specific performance
Rescission
Example of remedies under a specific statute.
Consumer Rights Act 2015
Law Reform (Frustrated Contracts) Act 1943
3 types of damages.
Compensatory
Nominal
Speculative
When will nominal damages be awarded?
If no loss is actually suffered but there is breach, the court may award ‘nominal’ damages.
Case for nominal damages.
Staniforth v Lyall (1830)
Facts of Staniforth.
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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Facts of Wrotham Park Estate Co. Ltd v Parkside Homes Ltd (1974).
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.