remedies

• Remedies in Contract Law

  - legal remedies

  - equitable remedies

  - remedies under a specific statute
• Actual breach


  Where the breach occurs at the time of or during the course of performance
• Anticipatory Breach


  Notified that a party to the contract will not fulfill their part of the contract prior to the required time of fulfillment.
• Legal remedies


  - available against a person in breach of contract as of right

  - can be damages (financial compensation) or remedies against the goods
• Equitable Remedies


  - these are discretionary - don't have an automatic right - available when damages are inadequate/unfair
• Remedies under the consumer rights act

  - right to refund s20

  - right to replacement/repair s23
• Damages


  - put victim in the position would have been in if contract had been performed by D

  - usually given if there is a loss of bargain, reliance loss or restitution
• Loss of bargain


  - put in same financial position

  - difference in value between goods/service and those provided
• Bence Graphics v Fasson


  Loss of bargain
• Reliance loss


  - if claimant relied on contract being performed

  - can also recover expenses they paid in advance of the contract breach - anglia v reed
• restitution


  repayment in the form of money or service by an offender to a victim who has suffered some loss from the offense
• Causation and remoteness of damage


  The law attempts to place a reasonable limit on the defendants responsibilities by releasing them from liability where the damage is too remote
• Hadley v Baxendale test


  - what loss is a natural consequence of the breach (obj)

  - was specific knowledge of potential losses in contemplation of the parties
• Remoteness test from Hadley v Baxendale


  Damages awarded for loss that:

  Arose naturally from the breach

  OR

  Was the result of special circumstances that both sides reasonably contemplated when entering the contract
• Mitigation of loss


  the expectation that a person injured by a breach of contract will take reasonable steps to reduce any losses that the breach caused
• British Westinghouse v Underground Electric


  Reasonable steps of mitigation are required
• liquidated damages


  An amount predetermined by the parties to a contract as the total compensation to an injured party should the other party breach the contract.
• ParkingEye v Beavis


  - penalties must protect a legitimate interest
• Quantum Meruit

  as much as deserved; an action brought for the value of the services rendered the defendant when there was no express contract as to the purchase price
• Page One Records v Britton


  The court will not enforce a promise in a contract if the injunction would result in the party remaining idle and detrimentally impacting their career.
• Airport Industrial v Heathrow Airport


  Specific performance was not ordered as it would force a company into liquidation - would be unjust