remedies

Question 1

what can damages be claimed for?

Answer 1

financial losses that result from non-performance and this can include loss of profits and any physical damage/harm

Question 2

principle from Pilkington v Wood?

Answer 2

the parties should take reasonable steps to mitigate losses

Question 3

principle from British Westinghouse Electric v Underground Electric?

Answer 3

if mitigation removes or could’ve removed any actual loss suffered then there can be no claim for damages

Question 4

principle from Addis v Gramosphone?

Answer 4

damages cannot usually be claimed for mental distress in a commercial contract

Question 5

principle from Farley v Skinner?

Answer 5

they can claim for mental distress in commercial contracts if the whole point of the contract is pleasure

Question 6

principle from Hadley v Baxendale?

Answer 6

losses suffered must have been those which would arise naturally or would’ve been within the contemplation of the parties

Question 7

principle from Victoria Laundry v Newman?

Answer 7

unusual losses must have been within the contemplation of the parties

Question 8

principle from The Heron II?

Answer 8

the parties are expected to contemplate the normal losses that would have been suffered by a business

Question 9

when will specific performance potentially be awarded and cases?

Answer 9

• where damages are inadequate
• where damages would be nominal (Beswick v Beswick)

Question 10

when will specific performance not be awarded and cases?

Answer 10

• in contracts for personal services or employment
• in contracts which require monitoring of an ongoing obligation (Ryan v Mutual Tontine)
• where it would cause hardship (Patel v Ali)
• where the contract was obtained unfairly or through taking advantage of the other party’s mistake (Walters v Morgan)

Question 11

what are injunctions with cases?

Answer 11

prohibitory injunctions = prevent future breach of contract
(Lauritzencool v Lady Navigation)
mandatory injunctions = force someone to do something