remedies for contract Flashcards
victoria laundry v newham industries, 3 points to remember
- test ofreasonable foreseeability
- foreseeability is dependent on the knowledge at the time of the contract
- knowledge can become common (reasonable man)or actual
Heron- knowledge can be implied on the basis of what a reasonable man may have contemplated in those circumstances
Diff in value between goods/services required and those provided
Bence Graphics v Fasson UK
Diff between price of goods in the contract and the market price
Charter v Sullivan
Loss of profit suffered by the claimant
Victoria Laundry v newman industries
Loss of chance; a speculative loss; NOT USUALLY AWARDED
Chaplin v Hicks
it’s a loss of chance, not actual losses as if someone were to claim for a loss of chance, it would open up the floodgates
expense incurred by C who relied on contract being formed, so been abandoned
Anglia TV v Reed, use when there’s so much uncertainty when you can’t predict to put them back into position they would’ve been if the contract had been performed
loss of bargain meaning
damages are to place the claimant in the same financial position as of contract had been performed
liquidated damages meaning
amount of damages been fixed by a term in a contract
equitable remedies and specific performance
equitable, damages are inadequate so many cannot fix this
Specific, D has to complete their contractual obligations exactly as it was first agreed, this is a discretionary remedy when damage are inadequate, an example would be injunctions
when will equitable damages be used
- when damages is inadequate
- for specific performance
when will equitable damages (specific performance) not be used
- when damages are adequate
- if it involves personal services
- where courts can’t supervise the enforcement of the contract
