English Contract - Remedies

Front 1

The Main Remedy in Contract Law

Back 1

Damages

- available as of right; if there has been breach damages will be available

- dependant on loss; if no loss damages will be nominal

- punitive damages unavailable

Performance only available for payment of fix sum of money

Front 2

Remoteness of Damages

Back 2

Hadley v Baxendale
- breach must cause the loss

- loss must be in the contemplation of the parties at the time the contract was formed

Front 3

Measure of the Damages

Back 3

Robinson v Harman

Front 4

Ruxley v Forsyth

Back 4

Swiming pool case

- cost of the cure out of proportion

- cost for loss of value replaced

- the consumer surplus

Front 5

Chaplin v Hicks

Back 5

Speculative loss

- loss of chance to compete in competition

- speculative loss awarded

Front 6

Anglia Television Ltd v Reed

Back 6

Reliance interest

- puts parties in the position that they would have been had the breach not been committed

Front 7

Attorney General v Blake

Back 7

Restitution availabel where expectation and reliance would be unsuitable:

- Spycatcher case
- reluctance to allow since the role of damages in to compensate claimaint for the loss

- may be punative in nature

Front 8

Dissappointment

Back 8

A major or important object of the contract must be the provision of pleasure or the avoidance of distress

- Jarvis v Swans Tours Ltd
Where a breach of contract causes physcal inconvienience and mentla suffering related to that inconvenience
- Watts v Morrow

Front 9

Dunlop Pnuematic Tyres

Back 9

Test between liquidated damages loss (legal) and penalty clause (illegal) is whether it was a genuine pre-estimate

Front 10

Injunction/ specific performance

Back 10

Not available as a right

- Damages would be innadequate