Remedies

• Loss of Bargain

  • cost of the difference for the next thing if there is a breach
  • Bence Graphics v Fasson UK
• Reliance loss

  • put the claimant in the position he would've been if the contract had never been made
  • Anglia Television v Reed
• Restitution

  • if it has been paid for and the other party breaches the contract
  • can get money back and interest
• Speculative damages

  • Ruxley v Forsuyth- loss of amenity
  • loss if the chance of doing something or benefiting from doing something
  • Jarvis v Swan Tours- worse quality than advertised holidays
• Inconvenience

  • Bailey v Bullock
  • C couldn't move and had to live with in-laws
  • Price of inconvenience
• Causation and remoteness of damage

  • Hadley v Baxendale- loss of profit due to 7 day delay
  • didnt give the money as they said it was too remote
  • but were sued as it was fair and reasonable and common knowledge
• Claimant must mitigate their loses

  • claimant must minimise the loss resulting from the breach by taking all reasonable steps available to him
  • if they fail to do so, then they cannot recover anything in respect of the extra loss- Payzu v Saunders