Contract Law Second Term - Remedies Flashcards Preview

Law First Year > Contract Law Second Term - Remedies > Flashcards

Flashcards in Contract Law Second Term - Remedies Deck (147):
1

What are the requirements for C to recover supplied goods/services?

No total failure requirement; contract price may be ceiling but may be allowed more (Loddar v Slowey)

1

What did Fuller and Perdue include in reliance interest?

Loss of opportunity

1

Workers Trust v Dojap Investments

Deposit 25%, custom 10%; not allowed to enforce more than proved losses from BoC

2

Knott v Bolton

Dream home; economic purpose so no damages

2

Holden Ltd v Bostock

Spending on advertising

3

Who makes a distinction between restitutionary damages and disgorgement damages?

Professor Edelman

3

Victoria Laundry v Newman Industries

Boiler, 5 months

4

What are the two limbs of Hadley v Baxendale for remoteness?

That which flowed naturally from BoC, or in contemplation of parties (actual knowledge)

5

What case suggested Hoffman supplemented Hadley?

The Sylvia

6

Jarvis v Swans Tours

House party

6

C & P Haulage v Middleton

Garage, wrongly ejected but denied reliance

7

Dunlop Pneumatic v New Garage

Agreed damages; not penalty, which means not 'extravagant and unconscionable'

8

Who argued SP should be a general right?

Schwartz

8

Supershield v Siemens Building Technologies

Ball valve, lever; Hoffman widened Hadley so that losses too remote under Hadley are not by assumption of a contractual duty

9

What two sources expressly dictate when cost of cure and when diminution?

Building contracts and statute

9

Farley v Skinner (No.2)

Quiet weekends; subjective test

9

Why do Bingham and Walker criticise the flexible approach to date of assessment in Nippon Yusen?

Encourages D to delay settlement to take into account subsequent events

9

What three things can be taken from Dunlop Pneumatic on penalty clauses?

Labels are not decisive, need to be proportionality between serious of breach and sum and reasonableness of estimate at formation

9

Why did McKendrick not think The Sylvia's application of Hoffman in The Achilleas was correct?

Hoffman thought Hadley to have a 'high degree of indeterminacy', so trying to replace, not supplement it

11

Ruxley Electronics v Forsyth

Shallow pool

12

What interest does contract law mainly try to protect?

Expectation

14

Parsons (Livestock) v Uttley Ingham

Food storage hopper

15

MFM Restaurants v Fish & Co Restaurants

CoA of Singapore only considered Hoffman's Achilleas in as far as it fit under limbs of Hadley

16

S.18 Landlord and Tenant Act 1927 on damages

Expressly stipulate diminution

16

Photo Production v Securicor Transport

Compensatory principle of adjudging penalty clauses

17

Hamilton Jones v Davis & Snape

Tunisia

17

Makdessi v Cavendish Square on penalty clauses

blatant interference with freedom of contract

18

According to Edelman, how could Blake and Wrotham Park be distinguished?

Blake = disgorgement, Wrotham Park = restitutionary.

19

What were the limitations given by Farley on Watts v Morrow?

Change cannot apply to commercial claimants, non-pecuniary purpose must be important, only nominal damages (£10,000 limit, with Ruxley) and only when no alternative measure

20

Malins v Freeman

D drunk; no SP

20

What case suggested Hoffman widened Hadley?

Supershield

21

Howe v Smith

No recovery of deposit

22

Stansbie v Troman

Builders; front door

23

What do both Wrotham Park and A-G v Blake use in account of profits?

Hypothetical bargain for sale of right, but fallacy because C may not have contracted at any price.

23

Alder v Moore

Insurance, £500, no BoC

23

What case shows the use of s.1(1) and 4 of the LR(CN)A 1945?

Barclays v Fairclough

24

Golden Strait v Nippon Yusen

Gulf war

24

S.236 Trade Union and Labour Relations (Consolidation) Act 1992

No compulsion to work

25

Robinson v Harman

'To be placed in the same situation, with respect to damages, as if the contract had been performed'

25

Lamm v Shingleton

Improperly interred corpses

26

Johnson v Johnson

Shares; £40,000, £140,000

27

Hadley v Baxendale

Crank shaft mill

28

Hyundai Shipbuilding v Papadopoulos

No recovery of part-payment if C has incurred reliance expenditure without express contractual stipulation

28

Monarch Steamship v A/B Karishamns

Act of god breaks chain of causation

29

What case shows an award of non-pecuniary loss higher than that suggests in Farley and Ruxley?

Hamilton Jones

30

Johnson v Agnew

Assessment as date of BoC unless injustice

30

Beswick v Beswick

No other remedy but SP; uncle's wife

30

De Francesco v Barnum (No.1)

No SP of personal service because of enslavement

31

Negative duty to avoid worsening losses by spending on advertising (reasonable)

Holden Ltd v Bostock

32

Lordsvale Finance v Bank of Zambia

Commercial justification for agreed damages

32

The Soholt

Renegotiate, positive duty

33

What Lord and in what case argued that reasonableness for mitigation is part of a broader principle?

Lord Lloyd in Ruxley v Forsyth --> Swimming pool

34

British Westinghouse v Underground Electric

'Ordinarily take in the course of his business' for mitigation

35

Who states reliance interest is not a contractual interest at all?

Friedmann

37

Mertens v Home Freeholds

Cost of cure for building contracts as may be aesthetic

38

Union Eagle v Golden Achievement

Deposit 10%, custom 10%, 10 minutes late; allowed to enforce

39

What case qualified the limbs in Hadley?

The Heron II

40

Yerton v Eastwoods Froy

Substitute performance, positive duty

40

The Heron II

Two qualifications on Hadley: type, not extent, and serious possibility of loss, not just slight

42

Why was it argued in Panatown that the promisee should be able to claim?

Legal black hole of terms not in deed which were in main contract

43

What is the two stage assessment to damages?

Prima facie measure then any limitations

44

Why was diminution given in Tito v Waddell?

Huge difference in price, and islanders had left

44

Giles & Co v Morris

'significant reluctance' for SP of personal service, but not absolute (Megarry J)

46

If there is loss of performance to a third party, in what case and how was it suggested the promisee could claim?

McAlpine v Panatown: duty of care, Millett and Goff on broad ground

47

When will C usually use reliance?

Can't prove loss of profits, wants damages for pre-contractual expenditure and they have entered a losing bargain

48

What was the narrow approach of Lloyd in Forsyth?

Link with pleasurable amenity cases

50

Why was cost of cure not given in Forsyth?

Unreasonable as cost of repair was high and work not a benefit

51

Why did the court not allow the instalment to be forfeited in Johnson v Johnson?

Flavour of a penalty clause

52

What did they recover in Jarvis v Swans Tours?

Payment and compensation for distress

54

What case gives the basic rule for expectation damages?

Robinson v Harman

56

What interest did Fuller and Perdue champion?

Reliance interest

57

Lambert v Lewis

Coupled, knew lock mechanism was broken

58

Walters v Morgan

Rushed D because of ignorance; no SP

59

Loddar v Slowey

May be allowed in excess of contract price under restitution interest for goods/services supplied

61

Diesen v Samson

Photographer for wedding event

63

Farley on harm

Harm includes aircraft noise but not mere disappointment

64

Huenig v Isaacs

10% defects or less, allowed action for agreed sum

65

Jacobs & Youngs v Kent

Pipes

65

Dies v British International Mining

Recovery of part-payment

67

Anglia TV v Reed

Actor breach

68

James Finlay v Kwik Hoo Tung

Not risk reputation

69

CCC Films v Impact Quadrant

C can generally choose either expectation or reliance

69

McRae v Commonwealth

Oil tanker

71

Farley on Watts v Morrow

Qualified it with limitations

73

Makdessi v Cavendish Square on agreed damages

Genuine pre-estimate may be too rigid now

73

Clippens Oil v Edinburgh & District

No need to do anything unaffordable

75

What case shows courts are more likely to concur with agreed damages clause if the loss is uncertain?

Murray v Leisureplay

77

What type of remedy was given for consequential loss in Tito v Waddell?

Diminution of value

78

Wrotham Park v Pakside Homes

5% account of profits

80

Who said that in cases like Ruxley, English law has failed to recognise the value of right to performance itself, so not protecting EI at all?

B Coote

81

What could they not claim for in Victoria Laundry?

Lucrative contract

83

Araci v Fallon

Racehorse; rider retainer

85

Tito v Waddell (No.2)

Islanders and trees

86

Patel v Ali

Delay (4) + hardship = no SP, but unlikely hardship on its own

88

Who argued restitution is the most important damage?

Fuller and Perdue

90

When are two exceptions to CCC Films v Impact Quadrant?

Bad bargain as EI caps RI, respecting contractual allocation and if EI damages are speculative

91

Positive duty to act reasonably to avoid losses by substitute

Yerton v Eastwoods Froy

92

The Albacruz

Exception to usual rule of privity - A may recover substantial damages if privity of contract, but if no proprietary interest or risk then he is accountable to the true owner

94

Murray v Leisureplay

Unfair dismissal

95

Barclays Bank v Fairclough Building

Asbestos, hoses

96

What two cases show expectation damages speculative?

McRae v Commonwealth; Anglia TV v Reed

97

Sky Petroleum v VIP Petroleum

Shortage of petrol

98

S.53(3) SoGA

Expressly stipulated diminution

99

The Achilleas

Follow-on charter; assumption of responsibility

100

Addis v Gramophone

No punitive punishment of D for BoC

101

The Sylvia

Hoffman's test is used when Hadley causes 'unquantifiable, unpredictable, uncontrollable or disproportionate' results

103

What did Steyn use to work out if there was non-pecuniary interest in Farley?

Law of nuisance, making use of existing authorities

104

What is noted about allowing damages in Panatown on the ground that damages are for substitute performance?

Damages were for delay, but delay was a historical fact that couldn't be remedied by money.

105

Positive duty to act reasonably to avoid losses by renegotiating

The Soholt

106

What consequences are there from accepting damages are to give C substitute performance?

Wider availability of cost of cure to enable C to get performance and courts limiting cost of cure if work not to be carried out or unnecessary hardship to D (Ruxley and Panatown)

107

What is the basic rule for recovering D's profits from breach?

You can't except exceptionally (A-G v Blake)

108

Linden Gardens v Lenesta

Built on The Albacruz - can recover money to give B benefit of the bargain which C failed to deliver

109

Where does McKendrick suggest Achilleas fits under Hadley?

2nd limb

110

Astley v Austrust Limited

Should get rid of CN, says High Court of Australia

112

Why was there no loss of amenity in Jacobs & Youngs v Kent?

No non-pecuniary interest; just wanted damages

113

Stockloser v Johnson

Even if not ready and willing, he may not forfeit all

114

What are the three types of damages?

Reliance, expectation and restitution

116

What was the impact of Farley on non-pecuniary loss?

Removed need for object of contract to be pleasure/peace of mind (Watts v Morrow)

117

White & Carter v McGregor on action for agreed sum

Limitations on affirmation: legit interest and no cooperation needed.

118

Quinn v Burch Bros

CL position of contributory negligence

119

By including loss of opportunity in reliance interest, what did F & P do?

Bring it closer to EI

120

Watts v Morrow

Must be sole object to avoid distress (but see Farley now)

121

What was the broad approach of Mustily in Forsyth?

'Consumer surplus' so parties enter for reasons other than money

122

US v Bethlehem Steel

Guns; paid excess for AD but overcompensatory?

123

What case suggested Hoffman made no difference to Hadley?

MFM Restaurants v Fish & Co Restaurants

124

Why does Victoria Laundry clash with The Heron?

Said that although NI foresaw type of loss, didn't foresee extent and thus not recoverable

125

What is a subdivision of non-pecuniary loss?

Loss of amenity

127

Bolton v Mahadeva

31% defects so no action for agreed sum

128

Wilson v Northampton and Bambury

Railway construction, difficult to know obligations so hard to give SP

130

What case shows an unreasonable act by C can break chain of causation for D?

Lambert v Lewis

131

If there is loss of performance to a third party, what two things protect the 3rd party's loss?

C(RoTP)A and Albacruz v Albazro: Assumes loss belongs to 3rd

132

The Mamola Challenger

Rejected Friedman and Treitel that reliance is fundamentally different from EI, claiming instead that reliance is a species of EI

133

Hobbs v L & S Railways

Walking 4/5 miles (harm)

134

What are the three requirements for recovering profits of D from breach?

Only when contractual remedies are inadequate, C must have 'legitimate interest' and regard to 'all the circumstances'

135

Cooperative Insurance v Argyll Stores

Anchor unit, 35, 16, oppressive

136

Pilkington v Woods

No significant financial risk

137

What did the court in Farley require for the case to fit under harm?

Physical emanation (sound waves: Clyde)

138

When did Forsyth say that loss of amenity is given?

When 'value of the promise... exceeds the financial enhancement of his position which full performance will secure'

139

Who suggests F&P's label of EI is misleading?

Friedmann

140

Re Dagenham

'Ready and willing', courts may give buyer time to pay

141

What are the two types of consequential loss?

Diminution of value and cost of cure

142

What was the primary reason for allowing seller to keep the deposit in Union Eagle?

Commercial certainty

143

When can C recover money under restitution interest?

Total failure of consideration (Giles v Edwards)

144

What statute supports the cases of Giles & Co v Morris; De Francesco v Barnum?

S.236 Trade Union and Labour Relations (Consolidation) Act 1992

145

Why is Forsyth not authority for damages payable in loss of amenity?

Damages were not in issue

146

What did Scott require for inconvenience in Farley?

'Sensory' impact

147

Giles v Edwards

Total failure of consideration needed for restitution recovering money