Remedies

• 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