Remedies Flashcards
(8 cards)
1
Q
What is a remedy
A
The steps a wrongful party must take to rectify their wrongdoing
2
Q
What are ‘damages’ as a remedy
A
- an award of money ordered to pay by the courts from one party to another party
- aim of compensatory damages - to put claimant in position he would have been, had the contract been performed properly (Hadley v baxendale)
3
Q
What are the two tests to determine what losses the defendant will have to compensate for
A
- causation - ‘but for’ test
- remoteness of damage
4
Q
What are equitable remedies
A
When damages are not appropriate/sufficient, the court may award other remedies
5
Q
What is repudiation
A
- termination of a contract - treating it as immediately at an end where there has been: a breach of contract, frustration, misrep or economic duress
6
Q
What are the two types of equitable remedies
A
- rescission
- specific performance
7
Q
Outline rescission as an equitable remedy
A
- seeks to return the parties to the position they were in before the contract was made
- different from repudiation which terminates the contract from a specific point onwards
8
Q
What is specific performance as an equitable remedy
A
- a court order compelling a party to do something
- very rarely used in contract law as forcing a party to do something can result in it being done poorly (airport industrial GP LTD v Heathrow airport)
