remedies Flashcards
(16 cards)
What are compensatory damages
The main type
they dont include remote losses
What is the loss of bargain? (expectation loss)
the aim of expectation loss damages is to put the innocent party in the same position as if they the contract has been performed
Thomas LTD v Robinson
could be in the form of loss of profit
Chaplin v Hicks
could be a loss of chance
What is reliance of loss
The aim of reliance loss damages is to put the claimant in the position as if the contract has never been made
Farley v Skinner
This is the expense incurred by claimant who relied on a contract being performed, could be money spend in advance or reliance on a promise
What is restitution
a repayment of any money or other benefits that the defendant has received in advance of the breach
Staniforth v Lyell
no loss is actually suffered but there’s a breach
Wrotham Park Award
wrotham park damages try to quantify the sum which might reasonably have been negotiated between the parties for giving permission to the wrong doer to act as they did
Speculative Damages
- on uncertain things
- they lack certainty
- theyre based on homosexuals rather than actual scenarios
- they involve a chain of scenarios
Chaplin v Hicks
the mere fact that damages were difficult to calculate shouldn’t prevent them from being awarded
Ruxley Electronics and Construction LTD
the sole purpose of the contracts was to provide the amenity
What is causation
the claimant must prove that the breach caused loss, not just provided the opportunity for loss. But for test
Explain remoteness of damage
does not establish how much compensation but merely which loses will be the subject of compensation
Two part test - haxley v baxendale
> objective test: what loss is a natural consequence of the breach
subjective: specific losses in the minds of both parties when the contract is formed
