Remedies

Cards (9)

  • Remedies available:
    1. Recission
    2. Repudication
    3. Damages
    4. Injunction
    5. Specific performance
    6. Consumer remedies
  • Damages
    They are a legal remedy and always available if a contract term is broken. Damages are normally awarded for “expectation loss” or “reliance loss”
  • Expectation loss is the loss of a bargain.
  • Reliance loss is wasted expenditure.
  • Nominal damages
    Damages are always available for breach of contract, but might only be nominal, where there is no actual loss.
    Staniforth v Lyall
  • Expectation Loss
    The difference is value between the goods and services required in the contract and those actually provided.
    Bence Graphics International v Fasson
  • Expectation Loss
    Loss of profit, not just for good but in other contracts.
    Victoria Laundry v Newman Industries.
  • Reliance Loss

    The expense occured by the claimant who relied on a contract being performed. Wasted expenditure.
    Anglia TV v Reed
  • Emotional Distress
    Damages cannot usually be claimed for mental distress.
    Addis v Gramophone Co