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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
View source
Supply of Services
S55
Right to Require
Repeat Performance
S56
– Right to a
price reduction
View source
Common Law Damages
Purpose
– Put in position would have been
in
had contract been
properly
performed
Causation
in
fact
–
but
for
Remoteness
– were losses
reasonably
in
contemplation
of parties when contract
made
? (
Hadley
v
Baxendale
)
Mitigation of loss
View source
Breach of condition
Contract is
repudiated
and
innocent
party can treat contract as
ended
and
sue
for
damages
View source
Breach of
warranty
Contract is
breached
but
both
parties must
continue
with it and innocent party can only claim for
damages
View source
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
View source
Equitable Remedies
Rescission
– put party into position he/she was in
before
contract
entered
into eg goods are returned
Specific Performance
–
defaulting
party carries out its
obligations
under the contract
View source
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
View source
Misrepresentation
Fraudulent
- Damages –
Tort
of deceit
and/or
Rescission
Negligent
- Damages –
s2(1)
MA
and/or
Rescission
Innocent
- Damages –
s2(1)
MA
OR
Rescission
View source
Right to rescission can be lost if: Restitution to
pre contract position
is impossible, Contract is affirmed, There is a
delay
before seeking remedy
View source
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
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