Remedies For Breach Of Contract

Front 1

Structure

Back 1

1. Whats the problem? - identify type of contract, term in dispute or monies paid/owed

2. How was the contract discharged

3. Remedies - Damages - Expectation/Reliance Loss

4. Remoteness, Mitigation, Cont. Neg, Time of Assessment, Specified Damages/PC

5. Restitution, Restitutionary Damages, Action for an agreed sum, Equitable Remedies

Front 2

innonimate term?

Back 2

Hong Kong Fir Shipping v Kawasaki

Front 3

What is the term?

Back 3

Schuler v Wickman

1. Circumstances surrounding the making contract

2. The Contract as a whole

3. The intentions of the parties

Front 4

Doctrine of Complete Performance

Back 4

Cutter v Powell

Front 5

DCP - Wrongful prevention

Back 5

Can claim for lost profit - Robinson v Harman

Quantum Meruit - Planche v Colburn

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DCP - Acceptance of partial performance

Back 6

Sumpter v Hedges

Front 7

DCP - Substantial performance

Back 7

If small cost of cure = substantial performance - Hoenig v Isaacs

If large cost of cure its NOT substantial performance - Bolton v Mahadeva

Front 8

Damages must be compensatory in nature

Back 8

Obagi

Front 9

Expectation Loss factors -

Back 9

Difference in value of goods

Cost of cure for services

Loss of amenity

Loss of opportunity

Loss of pleasure

Front 10

Loss of amenity

Back 10

Ruxley Electronics v Forsyth

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Loss of opportunity

Back 11

Chaplin v Hicks

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Loss of pleasure

Back 12

If in the contract - Jarvis v Swan Tours

Doesn't have to be specific point, just important - Farley v Skinner

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Remoteness - the loss must be in the reasonable contemplation of the parties to the contract

Back 13

Hadley v Baxendale

Consequences arising from:

- Ordinary course of doing

- Specific circumstances known to the parties before the contract

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Remoteness - Balfour Beatty Construction v Scottish Power

Back 14

No assumption of knowledge of the business practices of the parties

Front 15

Remoteness - Victoria Laundry

Back 15

Imputed/Actual knowledge

Front 16

Brown v KMR Services

Back 16

If the type of loss is foreseeable, then there is no limit to extent of loss in contract law

Front 17

Parsons Livestock v Uttley Ingham

Back 17

If the kind of loss is in the reasonable contemplation of the parties, then the guilty party is liable for the full extent of the loss

Front 18

The Achilleas

Back 18

In commercially complex situations can take into account commercial context and circumstances of the contract along with reasonable contemplation

Front 19

Mitigation

Back 19

British Westinghouse

Front 20

Time of assessment is from the breach of contract unless it doesn't compensate adequately

Back 20

The Golden Victory

Front 21

Specified damages or penalty clause

Back 21

Dunlop v New Garage

- EPHD

- Extravagant = PC

- payment for failure to pay sum = PC

- payment of sum for one or more things happening that cause damage = PC

- if difficult to pre-estimate loss - SD

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Restitution

Back 22

To ensure that no party is unjustly enriched

- Total failure of consideration

- If contract is breached = reasonable sum for goods/services rendered and quantum meruit

- if no contract = reasonable sum - British Steel v Cleveland Bridge

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Restitutionary Damages

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Restitutionary - Jimmy Hendrix Experience

Compensatory - WWF v WWF

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Specific performance - NOT if has to be supervised

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Ruxley v Forsyth

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Injunction - can reinforce negative promise

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Warner v Nelson

Front 26

Injunction - cannot reinforce negative promise if it makes party stagnant

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Page One Records v Britton