remedies

    Cards (11)

    • Sale of Goods
      • S20 Short term right to reject (30 days)
      • S23 Right to repair or replacement
      • S24 Right to price reduction or final right to reject
    • Supply of Services
      • S55 Right to Require Repeat Performance
      • S56 – Right to a price reduction
    • Common Law Damages
      • Purpose – Put in position would have been in had contract been properly performed
      • Causation in factbut for
      • Remoteness – were losses reasonably in contemplation of parties when contract made? (Hadley v Baxendale)
      • Mitigation of loss
    • Breach of condition
      Contract is repudiated and innocent party can treat contract as ended and sue for damages
    • Breach of warranty
      Contract is breached but both parties must continue with it and innocent party can only claim for damages
    • Breach of Innominate term
      • If breach has serious consequences – remedies as per breach of condition
      • If breach has less serious consequences – remedies as per breach of warranty
    • Equitable Remedies
      • Rescission – put party into position he/she was in before contract entered into eg goods are returned
      • Specific Performancedefaulting party carries out its obligations under the contract
    • Law Reform (Frustrated Contracts) Act 1943
      • Money paid recoverable by paying party
      • Money due does not have to be paid
      • Court has discretion to provide some reward for a party who has carried out work before frustrating event
      • Court has discretion to reward a party who has partially performed the contract and thereby conferred a valuable benefit
    • Misrepresentation
      • Fraudulent - Damages – Tort of deceit and/or Rescission
      • Negligent - Damages – s2(1) MA and/or Rescission
      • Innocent - Damages – s2(1) MA OR Rescission
    • Right to rescission can be lost if: Restitution to pre contract position is impossible, Contract is affirmed, There is a delay before seeking remedy
    • ECONOMIC DURESS
      Contract is voidable (innocent party can treat is as void)
      contract is set aside, innocent party can recover any losses but no damages payable
    See similar decks