Remedies Flashcards
What was stated in Robinson v Hardman?
Damages are to put C back in the position they would have been in should the contract have been executed
What damages are awarded if there is no financial loss?
Nominal damages
What was held in Staniforth v Lyall?
C brought the case to establish the contract as at an end and not to recover damages
What was held in Wrotham Park v Parkside?
There can be compensation for a sum a party would have reasonably demanded for them to breach their obligations
What was held by Lord Reed in Morris-Garner v One Step Support?
Wrotham Park damages are awarded when:
- Wrongful use of C’s property
- Where breach causes loss of a valuable asset
- Instead of specific performance
What was held in Addis v Gramophone?
No damages for loss of reputation
What was held in Watts v Morrow?
No damages for distress unless it results from a physical inconvenience of breach
What was held in Ruxley Electronics vForsyth?
Damages are awarded for loss of amenity of the purpose of the contract was to provide amenity
What is the test in Hadley v Baxendale for remoteness of damage?
- Must be a naturally occurring loss of the breach
- Can be a non-natural loss providing the loss was at the ‘reasonable contemplation of both parties at the time the contract was made’
How is loss of a bargain assessed?
- Difference in value
- Difference in contract and market price
- Loss of profit
- Speculative loss
What was held in Chaplin v Hicks?
Speculative loss cannot be claimed, however, loss of chance can
What was held in CCC Films v Impact Quadrant?
A reliance loss can be claimed as C should be contemplated for a detriment
What was held in C&P Haulage v Middleton?
C cannot seek reliance loss to rescue himself from a bad bargain
What was held in Farley v Skinner?
Reliance loss can be claimed on a reliance basis
What was held in Anglia TV v Reed?
In reliance pre-contractual losses are recoverable if within the contemplation of parties
