Remedies

• What are the main remedies following a breach of contract?

  Damages, restitution, specific performance
• What type of damages are awarded for loss following a breach?

  Compensation for loss
• What is expectation loss in contract law?

  Loss of the benefit of promised performance
• What factors affect the amount paid in damages?

  Claimant's loss and court's ability to measure
• What are the stages in a claim for damages?

  1. Identify breach, loss, and remedies
  2. Apply measure of loss
  3. Assess non-pecuniary loss
  4. Establish factual causation
  5. Determine remoteness of losses
• What is the primary measure of damages in contract law?

  Expectation interest
• What does the expectation interest cover?

  Benefits expected and cost of performance
• How is the expectation interest calculated using difference in value?

  Market value promised minus actual value
• What was the outcome in Ruxley Electronics v Forsyth?

  £2,500 awarded for loss of amenity
• When will cost of cure damages be awarded?

  When not out of proportion to benefit
• What is the reliance interest in contract law?

  Compensation for wasted expenditure
• What must a claimant choose between in Anglia Television Ltd v Reed?

  Loss of profit or wasted expenditure
• What are consequential losses?

  Losses that are inevitable from the breach
• What is the general rule regarding mental distress damages?

  Not recoverable for breach of contract
• What are the exceptions to the rule on mental distress damages?

  Contracts for pleasure or physical inconvenience
• What did the court rule in Farley v Skinner regarding mental distress?

  Damages awarded for distress from noise
• What is required to recover damages for mental distress?

  Must be related to physical inconvenience
• What is the first step in establishing factual causation?

  Determine if breach caused the loss
• What is the test for remoteness of losses?

  Reasonable contemplation of the parties
• What case established the test of reasonable contemplation for remoteness?

  Hadley v Baxendale
• What is the difference between liquidated and unliquidated damages?

  Liquidated are agreed, unliquidated are court-assessed
• What is the role of specific performance in contract law?

  To compel a party to fulfill contractual obligations
• What does the Sale of Goods Act 1979 regulate?

  Sale of goods and related contracts
• What does the Supply of Goods and Services Act 1982 cover?

  Supply of goods and services contracts
• What does the Consumer Rights Act 2015 protect?

  Consumer rights in goods and services
• What is 'loss of amenity' in damages?

  Loss of enjoyment or use due to breach
• What is 'consumer surplus' in contract law?

  Value of promise exceeds financial gain
• What is the difference between gross and net profit in claims?

  Gross profit includes all income, net excludes expenses
• How do intervening acts affect causation?

  They can break the chain of causation
• What is the significance of 'cost of cure' in determining damages?

  It assesses the reasonable cost to remedy a breach
• What is the case citation for Watts v Morrow?

  [1991] 1 WLR 1421
• What is the main principle from Farley v Skinner regarding damages?

  Damages are not recoverable for mere disappointment
• Under what condition can damages be recovered for inconvenience or discomfort?

  If caused by a sensory experience
• What must be established in step four of a damages claim?

  Factual causation
• What does the breach need to be in relation to the loss according to Galoo Ltd v Bright Grahame Murray?

  The dominant or effective cause of the loss
• What is the case citation for Monarch Steamship Co Ltd v A/B Karlshamns Oljefabriker?

  [1949] AC 196
• What is the traditional test for remoteness of loss in contract law?

  Test of reasonable contemplation
• What are the two limbs of Hadley v Baxendale regarding recoverable losses?

  1. Loss arising naturally; 2) Unusual losses
• What does the first limb of Hadley v Baxendale refer to?

  Loss arising naturally in the usual course of things
• What does the second limb of Hadley v Baxendale require?

  Actual knowledge of unusual losses