Contract Law - Termination & Remedies Flashcards

1
Q

Discharge by Breach

A

S40 - when a party refuses to perform/disables himself from performing, promisee may end contract unless he has signified agreement to continuance

S76 - person who rightly rescinds contract is entitled to compensation for any loss he sustained through non-fulfillment of contract

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2
Q

Remedies

A

course of action available to an aggrieved party when the other party breaches the contract

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3
Q

Damages

A

to compensate for loss incurred by contracting party as a result of breach of contract

2 types of loss:
* normal loss
* special loss

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4
Q

Normal Loss

A
  • arises according to usual course of things from breach
  • presumed to be within contemplation of parties
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5
Q

Special Loss

A
  • special circumstances
  • defendant is aware/presumed to be aware at time of contracting
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6
Q

Assesment of Damages

A

S74(1) - injured party is entitled to receive from the party in breach a compensation

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7
Q

Hedley v Baxenbale

A

Plaintiffs were millers. Crankshaft of engine which operated the mill broke. This was the only crankshaft they had. They ordered a replacement, and contacted defendent to deliver the following day. Due to defendant’s delay, it did not arrive until a week later. Mill was out of action for longer than anticipated. Plaintiffs sued for damage (loss of profit)

Held: loss did not fall under normal or special loss = no damages granted

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8
Q

Specific Performance

A

Specific Relief Act 1950 - court order directing that contract shall be performed specifically in accordance with terms of contract

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9
Q

Specific Performance Not Granted When

A
  • damages are an adequate remedy
  • where court cannot supervise its enforcement
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10
Q

Injunction

A

Specific Relief Act 1950 - equitable remedy granted at discretion of court

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