Remedies

Question 1

In which situation would Judicial Review be appropriate?

Answer 1

Where a public body has acted beyond the scope of its powers

Question 2

What term is used to define a contract mechanism that seeks to pre-calculate a financial compensation rate for delay in performance?

Answer 2

Liquidated Damages

Question 3

The doctrine of ‘Quantum Meruit’ may help to get a payment to a supplier when…

Answer 3

A contract has no provisions about payment or costing of the work done

Question 4

What is the limitation period for a contract made as a deed?

Answer 4

12 Years

Question 5

What are three ways in which a person can become blocked from exercising a contractual entitlement?

Answer 5

Waiver
Release
Estoppel

Question 6

Name three cases that concern the calculation of compensation in tort or contract

Answer 6

Hadley-v-Baxendale (1854) - set precedent for contract damages
Spartan Steel Alloys-v-Martin & Co (1972) - limit to loss recovery in Tort law
Ruxley Electronics-v-Forsyth 1995) - Swimming pool not quite deep enough

Question 7

What did the Limitation Act 1980 do?

Answer 7

Specify a 6 year limitation for breach of contract (unless the claim is for personal injury in which case it must be brought within 3 years)

Question 8

If you commence a contractual claim against the other party to a contract and they respond by alleging that you have also breached provisions in the contract what is this called?

Answer 8

Counter-claim

Question 9

The claimant’s duty to mitigate their loss is most commonly associated with which type of claim?

Answer 9

Breach of Contract

Question 10

What is an example of a ‘pure economic loss’

Answer 10

Loss that is suffered when a building is found to be worth less than it was negligently valued at

Question 11

Section 1 of the Defective Premises Act 1972 does what?

Answer 11

Imposes a duty of care upon a builder in relation to subsequent owners of dwellings for works carried out to those properties

Question 12

Which cause of action is associated with the following aim of compensation:
“making up for the harm suffered and expense associated with coping with that harm”?

Answer 12

Tort

Question 13

What is a non-pecuniary remedy?

Answer 13

A non-monetary remedy

Question 14

Name three non-pecuniary remedies

Answer 14

Declaration
Injunction
Judicial Review

Question 15

What does Spartan Alloys Ltd-v-Martin & Co (1971) show?

Answer 15

That Tort is less generous than contract in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach

Question 16

In which part of Tort is recovery for pure economic losses possible?

Answer 16

Negligent misstatement (where there is a special advisory relationship)
Hedley Byrne-v-Heller - landscaper case

Question 17

What is an injunction?

Answer 17

A command issued by a court that requires a party to a court case to do (or stop doing) something. Failure to comply is a criminal offence because it is a ‘contempt of court’.

Question 18

Name three principles found in Hadley-v-Baxendale (1854)

Answer 18

In contract breach situations the party in breach will be liable for all losses arising from the natural and usual course of events flowing from that breach

In contract breach situations the party in breach will be liable for foreseeable specific losses which the parties would have actually realised might flow from that specific breach

In contract breach situations the party in breach will be liable for all losses which are not considered too remote by the courts

Question 19

What would Rescission be a remedy for?

Answer 19

Negligent misrepresentation - see section 2 Misrepresentation Act 1967

Question 20

If you appoint a builder to excavate and install a 2m deep swimming pool and he creates one that is 1.8m deep, what is the likely remedy?

Answer 20

Compensation amounting to the difference in value of a 1.8m vs a 2m deep swimming pool

Question 21

Name three direct routes to compensation in a contract claim for non-performance by a contractor

Answer 21

• Claim under a performance bond
• Claim under a parent company guarantee
• Claim under any collateral warranties