Remedies For Breach

Question 1

What are remedies generally divided into?

Answer 1

Contractually stipulated

Remedies under general Law (judicial remedies & self help remedies)

Question 2

Name two self help remedies

Answer 2

Retention

Termination

Question 3

What are the 3 measures of damages?

Answer 3

Expectation interest
Reliance interest
Restitution interest

Question 4

What are the two ways to calculate loss?

Answer 4

Cost of cure

Diminution in value

Question 5

When cant you claim cost of cure?

Answer 5

When its out of proportion to the benefit C would obtain from the cure

Question 6

What is the reliance measure?

Answer 6

C can prove expenses but not expected profits

Question 7

What is the restitution measure?

Answer 7

Enrichment by wrongdoing- D gets benefit they would not have normally been able to get

Enrichment by subtraction- C claims back what D has got from them when contract is set aside

Question 8

What test do we apply for causation?

Answer 8

But for test

Question 9

What is remoteness?

Answer 9

Even w/ but for test, D can get iff if unforeseen act by 3rd party beaks chain of causation

Question 10

Is breacher liable for non-pecuinary loss?

Answer 10

Not generally speaking however there are exceptions.

Question 11

When is D liable for pecuinary loss?

Answer 11

Ie if purpose of contract was to provide relaxation etc

Addis v gramophone co ltd

Question 12

What are the 4 exceptions when you can claim non P loss?

Answer 12

From phys inconvenience of discomfort

Results from personal injury

Purpose of C was relaxation

Injury to reputation

Question 13

What is the impact of contributory neg?

Answer 13

At common law doesn’t impact contractual liability but may break chain of causation

Question 14

What are examples of mitigation of loss?

Answer 14

C fails to take steps to minimise loss

C takes steps to increase loss

Cant recover d’s for a loss that was avoided

Question 15

What is the result of c’s unreasonable actions after D’s breach

Answer 15

Will not receive damages for loss that could have been avoided

Question 16

Name 2 other remedies

Answer 16

Liquidated damages- parties free to liquidate damages by stipulating amount in contract

Action for sum agreed- agree to pay fixed fee from start

Question 17

What is specific performance?

Answer 17

Order to perform primary obligation in a contract

Question 18

When will courts refuse to award Special performance?

Answer 18

Causes D hardship
Not adequate due to fraud
Contract obtained by unfair means
If act is impossible

Question 19

What is an injunction?

Answer 19

If a party has promised not to do something, this can be enforced

Question 20

What are the two types of injunctions?

Answer 20

Mandatory

Prohibitory