remedies

Question 1

Remedies are for…

Answer 1

A breach of contract

Question 2

Serious breach may get your…

Answer 2

Contract canceled and receive damages

Question 3

A minor breach…

Answer 3

you will only receive damages

Question 4

Grounds for cancellation (4)

Answer 4

• Repudiation; or
• Induced to enter a contract by
  misrepresentation; or
• A term contract is broken
• It is clear that a term of the contract will be broken

Question 5

If there are grounds; and…

Answer 5

The parties have expressly or impliedly agreed that the truth of the representation or the performance of the the truth is essential; or

Question 6

Or…

Answer 6

The effect of the misrepresentation, the breach or the anticipated breach will be to:

• Substantially reduce the benefit of the contract to the cancelling party; or
• Substantially increase the burden on the cancelling party under the contract; or
• Make the benefit or bnurden of the contract for the cancelling parrty substantially different from that represented or contracted for

Question 7

types of damages (3)

Answer 7

Award of damages is primarily compensatory

• Specific damages
• General damages
• exemplary damages

Question 8

Measure of damages (4)

Answer 8

• To place the aggrieved party in the position they would have bee in if not for the breach of contract
• Reliance loss
• Restitution
• Expectation loss

Question 9

Remoteness (2)

Answer 9

• Was it reasonably foreseeable
• In the reasonable contemplation of the parties

Question 10

Duty to mitigate

Answer 10

Once the breach has occurred, the innocent party is under a legal duty to take reasonable steps minimise any loss suffered

Question 11

Specific performance (3)

Answer 11

• An order of the court requiring a party to perform it’s obligations under a contract
• Equitable remedy
• At the discretion of the court

Question 12

Injunction (3)

Answer 12

• Prohibitory injunction
• mandatory injunction
• Equitable injunction