U4B: Remedies Flashcards
(41 cards)
What are the 3 types of remedy and its features?
1- Legal: available as of right, DAMAGES
2- Equitable: only granted if fair in that situation, not a right
3- Under a specific statute
What are the ways in which remedies are available?
-Recission
-Repudiation
-Damages
-Injuction
-Specific performance
-Consumer remedies under CRA 2015
What are damages and when are they available?
-Legal remedy
-Always available if a contract term has been broken
What are the 3 situations of damages?
1) Expectation loss
2) Reliance loss
3) Nominal damages ( no loss)
When are the 2 situations where damages normally awarded FOR A LOSS ?
-1) ‘expectation loss’ (loss of a bargain) OR
2) ‘reliance loss’ (wasted expenditure)
-One or the other can be awarded
Can you sue for both expectation loss and reliance loss?
-Not for the same situation but you can sue a person/company for both
-But for different things
What is a situation where there’s NO LOSS?
-Nominal damages
What are nominal damages?
-Where there is no actual loss- Charter v Sullivan
-Sometimes the purpose of the case i= proof that the contract has come to an end (Staniforth v Lyall)
What is Emotional distress and its excpetion?
-Damages CAN’T usually be claimed for mental distress in a commercial contract, Addis v Gramophone Co Ltd
-In exceptional cases, damages can be awarded for emotional distress following a breach of contract
e.g. Cook v Spanish Holidays
What is an Amenity?
-Amenity= a desirable or useful feature or facility of a building or a place
What is ‘Loss of Amenity?’
-If the only purpose of a contract is to provide an amenity, damages may be provided for its loss
-Ruxley v Forsythe
What is Expectation loss?
= The innocent party’s loss of a bargain, eg the profits they WOULD have expected to recieve had the contract been performed
-The costs they would have incurred to earn that profit
-Normal measure of damages for breach of contract
-Puts C in position they would have been, had the contract been properly performed
What is the ruling on value in Experctation loss + a case that shows this?
The difference in value between the good/serv ices required in the contract and those actually provided-
-Bence Graphics International v Fasson
What is thr ruling on other contracts for expectation loss + a case example?
-Loss of profit, not just for goods but in other contracts
-Victoria Laundry v Newman Industries
What is reliance loss + a case example?
WHERE:
-The expense occurred by the C who relied on a contract being performed
-Wasted expenditure
-Anglia TV V Reed (1972)
What is Speculative damages?
-Courts have been careful to avoid granting ‘speculative damages’
-‘Speculative’ for things which might have happened or might be worth a particular amount
What is a case example where Speculative damages WAS NOT successful?
-Addis v The Gramophone Company
What is a case example where Speculative damages WAS successful?
Chaplin v Hicks
What is Causation in remedies?
-Breach of contract = main cause of the claimant’s loss, can be satisfied using the ‘but-for’ test.
-‘but for the defendant’s breach of the contract, the claimant would not have made the loss’
What is a case example for Causation in remedies?
-Stansbie v Troman
-T is liable for S’s loss
What is Remoteness of Damage in Remedies?
The law does not allow a claim for loss which is considered too remote a consequence of the breach of contract
What is the famous case for Reasonable contemplation + the ruling/ test that came from it?
-Hadley v Baxendale
-Case decided that damages should be awarded if:
1) they arose naturally from the breach of contract
2) they were reasonably in contemplation of both parties
What is term means it is too remote?
-Indirect Loss
What is a case example for Indirect Loss + what was the D liable for?
-Victoria Laundry v Newman Industries
-NI liable for loss of profit from normal custom BUT not extra losses
