T017 Contract Practice - Remedies For Breach Outsde The Contract Rics Apc

Front 1

What are the three main remedies for breach of contract at common law?

Back 1

Damages
Set off and abatement
Repudiation

Front 2

What can damages be awarded for?

Back 2

Any breach of a contract whether serious or minor

Front 3

How are they assessed?

Back 3

To put the innocent party back in the position they would have been in had the breach not occurred

They are compensatory not punitive

Front 4

What conditions have to be met before damages are paid?

Back 4

Actual loss has to have been suffered
This has to stem directly from the breach
Mitigating measures should have been taken by the innocent party

Front 5

What is set off?

Back 5

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

Front 6

What is equitable set off?

Back 6

Where the claim and counter claim are closely linked e.g. under the same contract

Front 7

What is abatement?

Back 7

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

Front 8

What is repudiation?

What is it a remedy for?

Back 8

Termination of a contract at common law

Very series breaches of contract

Front 9

How can the common law right to repudiate arise?

Back 9

In two situations:
1) One party indicates that they have no intention of fulfilling their obligations
2) One party commits such a serious breach of contract that they can be deemed to have no intention of fulfilling their obligations

Front 10

What employer breaches constitute a serious enough breach to justify repudiation?

Back 10

Refusal to give possession of the site or wrongful ejection
Continued refusal to pay sums due
Withholding of certificates (depending on seriousness)
Hindrance of contractor e.g. not providing necessary drawings (depending on seriousness)