remidies Flashcards
how are damages calculated
to put the caliment in the position they wouldve been in had the contract gone ahaead
what are the 3 types of remidies
legal
equitable
statutory
what are the 2 types of damages under legal remidies
pecuniary-finacial
non-pecuniary not finacial eg loss of amenity
give a case where non-pecuniary damages were awarded
jackson v horizon hollidays
what are the 3 catigories for compensatiory damages
1-loss of bargain
2-reliance loss
3-restitiution
what is awarded for loss of bargain (after the contract damages)
damages to put c in the position they wouldve been in
what is awarded for reliance loss (pre contract damages)
damages to put c in the position they were in before the contract
what 4 things can the defendant sue for relinace loss
diffrence in vallue
contract price/avaliable market
loss of profit
loss of chance
what is difrence of value + case
where the goods fall below agreed value the diffrence is awarderd
bence graphicas v fason
what is contract price/avaliable market + case
you can calim diffrence when you have to sell/buy somth at a lower price due to breach
charter v sullivan
give a case for loss of profit
victoria laundry
explain the likely hood of loss of chance and case
unlikely
chaplin v kicks
what is relience loss
expense incured by a caliment who relied on the contract being perfromed
give a case for reliance loss
anglia telivision v reed
what is restitiution
where recision is impossible so damages are the only remidy avaliable
give a case for restituiton
clarke v dickinson
in what special cases can you recieve damages for loss of amenity
for contracts made for pleasure
give a case where damages were recieved for loss of amanity
farley v skinner
what things can limit the remidies
causation(factual/remotness)
mitigation of loss
liquidated damages
what must c show for factual causatioon
the defendants breach caused their loss
give a case for factual causation
quinn v burch bros
what is the overall rule for remotness of damage
only losses that are reasonably forseeable can be calimed
what 2 cases outline the rules for remotness of damage
hadley v baxendale
victoria laundry
when will damages be awarded under hadley v baxendale
where the arrise natraly from the breach of contract
or
they were reasonably in contemplation of both parties in formation
what is said in victoria laundry about recoverable losses
should be measured agaisnt the reasonable person test looking at the actual and common knowledge at time of formation
why does the c have to mitigate their losses
its their duty to
cannot recover losses that could’ve been avaoided
what case sets out the elements for mitigation of loss
thai airways
what are the 3 elements of mitigation of loss for thai airways
1-c must take all reasonable steps to mitigate
2-con recover losses from mitigating
3d entitled to benifit from c’s sucsessfull mitigation
what are liquidated damages
number of damages have been fixed in a term
appling to both comercial and consumer cases
what case stets out the rules for liquidated damages
cavendish square holdings bv
what are the rules for liquidated damages from cavendish square holdings bv
1- contract to protect ligitemate intrest
AND
2-penalty isnt exploitary
when will there be a strong presumption a liquidated damages term isnt a prenalty
parties are of equal bargaining power and were properly advised
what is a consiquential loss and can it be recovered
costs involved as a consiquence of the breach which can be recovered
give a case for consiquential loss
wiseman v virgin atlantic airways
what is the aim of equitable remidies
fairness
what are the diffrent equitable remidies
quantum meruiy
specific performance
injunction
when will quantum meruit be awarded
-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
when will specific performance/ injunction be awarded
justice wouldnt be served by damages
what is specific performance
compells one party to forfill their obligation
what are the 5 restrictions to specific performance
damages are inadequate
no hardship to d
vague terms
employment/continous duties
exploitative contracts
give a case for damages must be inadquate for specific performance
beswick v beswick
give a case to show specific perfromence must not cause hardship to d
patel v ali
give a case to show contracts must not be exploitative
walters v morgan
give a case to show there will be no specific perfromance for continual/employment duties
ryan v mutual tontine asociation
what is a prohbitory injunction + case
instructs d not to breach a term-possibly further sanctions
AB v CD
whats a manditory injunction
d required to do something to restore c position pre breach
when will injunctions not be awarded
if its in an area which wouldnt normaly be granted eg employment
d would lose lots more than c would gain
give a case for not injunction for employment cases
page one reccords ltd v britton
what act covers statutory remidies
consumer rights act 2015
what are the remidies for goods under cra 2015
s20-short term right to reject
s23-repair/replace
s24-final right to reject/refund/reduce price
what are the remidies for services under cra 2015
s55-repeat performance
s56-price reduction
