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What are the three main remedies for breach of contract at common law?
DamagesSet off and abatementRepudiation
What can damages be awarded for?
Any breach of a contract whether serious or minor
How are they assessed?
To put the innocent party back in the position they would have been in had the breach not occurred
They are compensatory not punitive
What conditions have to be met before damages are paid?
Actual loss has to have been sufferedThis has to stem directly from the breachMitigating measures should have been taken by the innocent party
What is set off?
Where the employer refuses to meet a contractor’s claim for payment because they have a cross-claim that would reduce or cancel out the payment
What is equitable set off?
Where the claim and counter claim are closely linked e.g. under the same contract
What is abatement?
Where the employer asserts that the contractor’s claim is not worth the value they are claiming i.e. due to physical defects to the work
What is repudiation?
What is it a remedy for?
Termination of a contract at common law
Very series breaches of contract
How can the common law right to repudiate arise?
In two situations:1) One party indicates that they have no intention of fulfilling their obligations2) One party commits such a serious breach of contract that they can be deemed to have no intention of fulfilling their obligations
What employer breaches constitute a serious enough breach to justify repudiation?
Refusal to give possession of the site or wrongful ejectionContinued refusal to pay sums dueWithholding of certificates (depending on seriousness)Hindrance of contractor e.g. not providing necessary drawings (depending on seriousness)
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