Remedies

• Types of remedies


  • Damages for breach of contract
  • Statutory remedies under Consumer Rights Act 2015
  • Rescission
• Damages for breach of contract

  • Purpose is to compensate the claimant for loss, rather than punish the defendant
  • Two types: liquidated damages (where the parties have agreed an amount) and unliquidated damages (where the court determines the amount)
• Assessing damages


  1. Expectation loss (to financially recreate the situation that would have been if the contract had been performed)

  2. Nominal damages (a small amount awarded even if no financial loss)
• Damages are meant to restore the contractual position, not just provide money
• Statutory remedies under Consumer Rights Act 2015

  • Short-term right to reject goods
  • Right to repair or replacement
  • Right to price reduction or final right to reject
• Statutory remedies are easy for consumers to understand and use
• There may still be a need for monetary compensation in addition to statutory remedies
• Rescission


  • Remedy available when a contract is voidable due to misrepresentation or economic duress
  • Restores both parties to the position they were in before the contract was entered into