Remedies P3 Flashcards
What remedies are available as of right under Common law remedies
Repudiation
Damages
What is meant by Repudiation as a common law remedy
Means to treat the contract as ended
Rewind remedy
Only avaliable for breach of condition or sufficiently serious breach of innominate terms
What is meant by Damages as a common law remedy
Available for breach of condition and warranty
Only remedy for warranty
Available for breach of innominate terms (condition or warranty)
Fast-forward remedy - put parties in position if contract had been properly performed
What are the four types of damages
Nominal
Substantial
Exemplary
Speculative
What are nominal damages
Minimal amount acknowledging a winning party, can be rewarded if no loss suffered but breach has occurred
(usually like a fiver)
What are substantial damages
Normal claim accurately reflecting loss
What are exemplary damages
Unusually large amount to show courts disapproval of parties at fault
What are speculative damages
Not usually awarded
Traditionally jobs would not allow recovery of damages
Difficult to prove e.g mental distress
What are the 2 holiday cases that have claimed for speculative damages due to distress of holidays gone wrong
Jarvis V Swann Tours (1973)
Jackson V Horizon Holidays (1975)
Which case involved claiming for speculative damages for the distress of a failed vasectomy
Thake V Maurice (1986)
Which case showed that damages cannot be rewarded for hurt feelings
Addis V Gramophone Co LTD (1909)
What are the two limitations to damages
Causation and Remoteness
Explain what is meant by causation and remoteness being a limitation to damages
C must have causes C’s loss using the ‘But for’ test
C’s loss must be reasonable foreseeable
What the reasonable man may have contemplated
What D actually know
Which case showed that losses need to be reasonably foreseeable based on common law or actual knowledge. D was not told of the consequences of his delay so mill shaft loss was unforeseeable
Hadley V Baxendale (1854)
What did the case of Victoria Laundry V Newman (1949)
Foreseeability is based on actual knowledge at time contract was made
Can be common or actual and implied