remedies p2

Question 1

what is a remedy?

Answer 1

an award made by a court in favour of a claimant in relation to nonperformance of a term, or all terms, of a contract by a defendant

the court cannot award whatever remedy it considers appropriate but must be guided by the type of claim (e.g. is it a breach of contract or frustration?)

Question 2

what are damages?

Answer 2

the purpose of damages in contract law is to put the injured party (the victim or claimant) in the position they would have been had the contract been completely performed by the defendant

Question 3

what is causation?

Answer 3

•rely on the ‘but for’ test for causation. it asks: “but for the defendant’s conduct, would the loss or damage have occurred?”

essentially, causation establishes that the defendant’s actions were the reason for the harm, not just a related event

Question 4

case that goes with causation

Answer 4

alexander v cambridge credit corp