remedies

Question 1

what does enforcing a contract mean?

Answer 1

it means getting a remedy in contract law, which usually means getting remedies instead of actually enforcing a contract

Question 2

what are the 2 types of remedies?

Answer 2

-legal remedies
-equitable remedies

Question 3

what are the 2 types of legal remedies?

Answer 3

-repudiation
-damages

Question 4

what are the 2 types of damages?

Answer 4

-compensatory
-nominal

Question 5

what are nominal damages?

Answer 5

they happen when nothing has been lost due to the breach, so the damages are just to recognise that there has been a breach, and it is usually a very small amount

Question 6

what is the case that defines compensatory damages?

Answer 6

Robinson v Harman

Question 7

what are compensatory damages?

Answer 7

these are used to put the claimant in the same financial position they would have been had the contract been properly performed

Question 8

what case shows the 2 types of losses in remoteness?

Answer 8

hadley v baxendale

Question 9

what does hadley v baxendale say the 2 types of losses are?

Answer 9

-normal losses
-special losses

Question 10

what are normal losses?

Answer 10

not too remote if they are reasonably foreseeable

Question 11

what are special losses?

Answer 11

not too remote if the defendant knew of the particular circumstances and the loss they could cause

Question 12

what is the case that shows examples of both normal and special losses?

Answer 12

Victoria Laundry v Newman

Question 13

what does victoria laundry v newman say about normal losses?

Answer 13

that the money from the existing contracts were normal losses because they were the profits they would’ve originally made - it was reasonably foreseeable

Question 14

what does victoria laundry v newman say about special losses?

Answer 14

that the government was a special loss as it was not part of their everyday business - the defendant did not actually know of the government contract

Question 15

what is quantum of losses?

Answer 15

it means working out the quantity owed and how much must be paid

Question 16

what are the 3 main methods to calculate quantum losses?

Answer 16

-calculating through expectation losses
-calculating through reliance loss
-calculating through liquidated damages

Question 17

what are expectation losses?

Answer 17

this looks at the expected value compared to the actual value gained and compensates based on the difference in those values

Question 18

what are the cases for expectation loss?

Answer 18

-Thompson v Robinson - worked
-Charter v sullivan - did not work

Question 19

what is reliance loss?

Answer 19

reliance loss is used when it is very hard to figure out what value could be expected if the contract was complete - it looks at what the value has been lost as a result of starting the contract

Question 20

what are the cases for reliance loss?

Answer 20

-Anglia TV v Reed - did not work
-Farley v Skinner
-Jackson v Horizon River (where the purpose of the contract was for pleasure)

Question 21

what are liquidated damages?

Answer 21

this is where a term in the contract itself specifies an amount of damages to be paid upon breach - must be distinguished from mere penalties

Question 22

what case gives the rules about liquidated contracts?

Answer 22

ParkingEye v Beavis

Question 23

what rules did ParkingEye v Beavis set out about liquidated contracts?

Answer 23

-protects a legitimate interest
-is not an exorbitant or unconscionable amount to protect that interest

Question 24

what is the duty c must take to mitigate losses?

Answer 24

they must take reasonable steps to minimise their losses

Question 25

what is the case for mitigating losses?

Answer 25

Thai Airways v KI Holdings

Question 26

whats the case for suing for not having the duty to sue immediately?

Answer 26

White and Carter v McGregor

Question 27

what are equitable remedies?

Answer 27

these are used rarely in contract law to provide a fair remedy id damages would not do so, which is usually used because the contract involves unique property

Question 28

what are the 2 remedies we need to know for breach?

Answer 28

-injunctions\-specific performance

Question 29

what are injunctions?

Answer 29

-prohibitory injunctions stop someone from doing something -mandatory injunctions order someone to do something, usually to undo something caused by the breach

Question 30

when will injunctions not be given?

Answer 30

-where it would be unfair to d -could require a lot of supervision by the court -where it would essentially amount to specific performance -or where damages would be an adequate remedy

Question 31

what is the case that shows when injunctions are not given?

Answer 31

Page One Records v Britton

Question 32

what is specific performance?

Answer 32

where the contract specified one thing the contractor can do

Question 33

what is the case for specific performance?

Answer 33

Beswick v Beswick

Question 34

where can specific performance not be used?

Answer 34

-if it would be unfair to d -where it could require a lot of supervision by the court -or where c has themselves not acted equitably

Question 35

what is the case that shows when specific performance does not work?

Answer 35

Walters v Morgan