Remedies for breach of contract

Question 1

Hong King Fir Shipping v Kawasaki Kisen Kaisha [1962]

Answer 1

Innominate term breach - did the breach deprive the innocent party of substantially the whole benefit

Question 2

Robinson v Harman (1848)

Answer 2

Put the claimant in the position as if the contract had been properly performed

Question 3

Ruxley Electronics Construction Ltd v Forsyth [1996]

Answer 3

Pool case - loss of amenity awarded - disappointment

Question 4

Hadley v Baxendale (1854)

Answer 4

Remoteness - loss must be within the reasonable contemplation of the parties

Question 5

Anglia Television v Reed [1972]

Answer 5

Damages based on reliance loss may be awarded - where expectation loss is too speculative

Question 6

Chaplin v Hicks [1911]

Answer 6

loss of opportunity

Question 7

Jarvis v Swann Tours [1973]

Answer 7

loss of enjoyment may be awarded if that was purpose of the contract

Question 8

Farley v Skinner [2001]

Answer 8

loss of enjoyment does not have to be sole purpose of the contract, just an important part

Question 9

Addis v Gramophone [1909]

Answer 9

A claimant will be unable to recover damages for hurt feelings

Question 10

Parsons v Uttley Ingham [1978]

Answer 10

Defendant contemplate type of loss then all loss of that type is recoverable

Question 11

Golden Strait v Nippon

Answer 11

Damages assessed from the time of breach, there is flexibility principle is to cover the loss suffered

Question 12

Expectation Loss

Answer 12

Aim to put the claimant in the position if the contract had been properly performed

Question 13

Reliance loss

Answer 13

Aim put the claimant in the position that the contract had never been entered into

Question 14

British Westinghouse v Underground Electronic Railway [1912]

Answer 14

Claimant must take reasonable steps to mitigate his loss

Question 15

Specified Damage Clause

Answer 15

Genuine attempt to pre-estimate the loss

Question 16

Cavendish Square Holdings and Another v Makdessi

Answer 16

Assessing if clause specified damages clause or penalty:
Commercial justification
Provision extravagant or oppressive
Predominant provision to deter breach
Provision negotiated on a level playing field

Question 17

Restitution

Answer 17

Goal is to prevent unjust enrichment of one party

Question 18

Attorney-General v Blake [2000]

Answer 18

Exceptional cases where normal remedy is inadequate to compensate for breach, court will order Defendant to account for all profits

Question 19

Experience Hendrix

Answer 19

Tone was restitutionary - pay reasonable sum rather than account for all profits

Question 20

WWF v WWF

Answer 20

Tone was compensatory

Question 21

Warner Brothers Pictures Incorporated v Nelson

Answer 21

Injunctions granted where they do not remove the livelihood of the party in breach