Contract remedies Flashcards
types of damages
nominal
speculative
liquidated
compensatory
what are nominal damages
damages provided when a legal wrong has been committed but no loss has been caused
what are speculative damages
expenses claimed that are for losses that could be experienced in the future but are improbable
what are liquidated damages?
a fixed or agreed sum that shall be paid as damages for some breach of contract
what are compensatory damages
damages awarded in respect of the actual losses suffered by C
addis v the gramaphone
speculative - emotional distress can’t be claimed for
case for compensatory damages - C can only claim for their own losses
Alfred mcapline construction v panatown
what types of equitable remedies is there
injunction
specific performance
What is an injunction
court order prohibiting a certain action or requiring them to take a particular action
What is specific performance
compelling a party to perform contractual obligations
What remedies are given under CRA 2015 - services
right to repeat performance
right to price reduction
what remedies are given under CRA 2015 - goods
1.right to reject
2.right to partial rejection
3.right to repair or replacement
4.right to price reduction or final right to reject
case for S.20 CRA
Johnston and johnston v R&J leather
