Remedies

Question 0

AG v Blake

Answer 0

Restitutionary damages for breach of contract e.g. advance payment for goods which fail to be delivered

Question 1

Anglia Television v Reed

Answer 1

expectation/reliance loss

Question 2

Vesta v Butcher

Answer 2

Contributory negligence where liability in contract is the same as in tort

Question 3

Farley v Skinner

Answer 3

If a major or important object of the contract is to give pleasure or enjoyment then can recover for non-pecuniary loss

Question 4

Hadley v Baxendale

Restated in The Heron II

Answer 4

Remoteness - too remote a consequence of the breach

1. Loss arising naturally
2. Loss contemplated

Question 5

Chaplin v Hicks

Answer 5

Quantification is for the courts except for s51 of the SOGA and speculation will not prevent them being awarded

Question 6

Brace v Calder

Answer 6

Mitigation - reasonable steps

Question 7

Pneumatic Tyre Co v New Garage

Interfoto

Answer 7

Liquidated damages - i.e. a fixed price on breach

Penalty - not a genuine pre-estimate of the loss but a threat - invalid

Question 8

Patel v Ali

Answer 8

Specific performance will only be given where it will not incur hardship

Question 9

Hill v Parsons

Answer 9

Injunction - usually refused on the same grounds of specific performance

Question 10

Whittington v Seale-Hayne

Answer 10

Rescission - where the parties are put in the place which they would have been in had they not made the contract -
will be barred if the contract is affirmed, it is no longer possible to rescind or if third party rights have been acquired