remidies

Question 1

how are damages calculated

Answer 1

to put the caliment in the position they wouldve been in had the contract gone ahaead

Question 2

what are the 3 types of remidies

Answer 2

legal
equitable
statutory

Question 3

what are the 2 types of damages under legal remidies

Answer 3

pecuniary-finacial
non-pecuniary not finacial eg loss of amenity

Question 4

give a case where non-pecuniary damages were awarded

Answer 4

jackson v horizon hollidays

Question 5

what are the 3 catigories for compensatiory damages

Answer 5

1-loss of bargain
2-reliance loss
3-restitiution

Question 6

what is awarded for loss of bargain (after the contract damages)

Answer 6

damages to put c in the position they wouldve been in

Question 7

what is awarded for reliance loss (pre contract damages)

Answer 7

damages to put c in the position they were in before the contract

Question 8

what 4 things can the defendant sue for relinace loss

Answer 8

diffrence in vallue
contract price/avaliable market
loss of profit
loss of chance

Question 9

what is difrence of value + case

Answer 9

where the goods fall below agreed value the diffrence is awarderd
bence graphicas v fason

Question 10

what is contract price/avaliable market + case

Answer 10

you can calim diffrence when you have to sell/buy somth at a lower price due to breach
charter v sullivan

Question 11

give a case for loss of profit

Answer 11

victoria laundry

Question 12

explain the likely hood of loss of chance and case

Answer 12

unlikely
chaplin v kicks

Question 13

what is relience loss

Answer 13

expense incured by a caliment who relied on the contract being perfromed

Question 14

give a case for reliance loss

Answer 14

anglia telivision v reed

Question 15

what is restitiution

Answer 15

where recision is impossible so damages are the only remidy avaliable

Question 16

give a case for restituiton

Answer 16

clarke v dickinson

Question 17

in what special cases can you recieve damages for loss of amenity

Answer 17

for contracts made for pleasure

Question 18

give a case where damages were recieved for loss of amanity

Answer 18

farley v skinner

Question 19

what things can limit the remidies

Answer 19

causation(factual/remotness)
mitigation of loss
liquidated damages

Question 20

what must c show for factual causatioon

Answer 20

the defendants breach caused their loss

Question 21

give a case for factual causation

Answer 21

quinn v burch bros

Question 22

what is the overall rule for remotness of damage

Answer 22

only losses that are reasonably forseeable can be calimed

Question 23

what 2 cases outline the rules for remotness of damage

Answer 23

hadley v baxendale
victoria laundry

Question 24

when will damages be awarded under hadley v baxendale

Answer 24

where the arrise natraly from the breach of contract
or
they were reasonably in contemplation of both parties in formation

Question 25

what is said in victoria laundry about recoverable losses

Answer 25

should be measured agaisnt the reasonable person test looking at the actual and common knowledge at time of formation

Question 26

why does the c have to mitigate their losses

Answer 26

its their duty to cannot recover losses that could've been avaoided

Question 27

what case sets out the elements for mitigation of loss

Answer 27

thai airways

Question 28

what are the 3 elements of mitigation of loss for thai airways

Answer 28

1-c must take all reasonable steps to mitigate 2-con recover losses from mitigating 3d entitled to benifit from c's sucsessfull mitigation

Question 29

what are liquidated damages

Answer 29

number of damages have been fixed in a term appling to both comercial and consumer cases

Question 30

what case stets out the rules for liquidated damages

Answer 30

cavendish square holdings bv

Question 31

what are the rules for liquidated damages from cavendish square holdings bv

Answer 31

1- contract to protect ligitemate intrest AND 2-penalty isnt exploitary

Question 32

when will there be a strong presumption a liquidated damages term isnt a prenalty

Answer 32

parties are of equal bargaining power and were properly advised

Question 33

what is a consiquential loss and can it be recovered

Answer 33

costs involved as a consiquence of the breach which can be recovered

Question 34

give a case for consiquential loss

Answer 34

wiseman v virgin atlantic airways

Question 35

what is the aim of equitable remidies

Answer 35

fairness

Question 36

what are the diffrent equitable remidies

Answer 36

quantum meruiy specific performance injunction

Question 37

when will quantum meruit be awarded

Answer 37

-a contract for services silent on remuneration -circumstances show new agreement can be applied in place of old one -p considers contract discharges-claim for work already done

Question 38

when will specific performance/ injunction be awarded

Answer 38

justice wouldnt be served by damages

Question 39

what is specific performance

Answer 39

compells one party to forfill their obligation

Question 40

what are the 5 restrictions to specific performance

Answer 40

damages are inadequate no hardship to d vague terms employment/continous duties exploitative contracts

Question 41

give a case for damages must be inadquate for specific performance

Answer 41

beswick v beswick

Question 42

give a case to show specific perfromence must not cause hardship to d

Answer 42

patel v ali

Question 43

give a case to show contracts must not be exploitative

Answer 43

walters v morgan

Question 44

give a case to show there will be no specific perfromance for continual/employment duties

Answer 44

ryan v mutual tontine asociation

Question 45

what is a prohbitory injunction + case

Answer 45

instructs d not to breach a term-possibly further sanctions AB v CD

Question 46

whats a manditory injunction

Answer 46

d required to do something to restore c position pre breach

Question 47

when will injunctions not be awarded

Answer 47

if its in an area which wouldnt normaly be granted eg employment d would lose lots more than c would gain

Question 48

give a case for not injunction for employment cases

Answer 48

page one reccords ltd v britton

Question 49

what act covers statutory remidies

Answer 49

consumer rights act 2015

Question 50

what are the remidies for goods under cra 2015

Answer 50

s20-short term right to reject s23-repair/replace s24-final right to reject/refund/reduce price

Question 51

what are the remidies for services under cra 2015

Answer 51

s55-repeat performance s56-price reduction