remedies

    Subdecks (1)

    Cards (22)

    • Common Law Remedies are available against a person in breach of contract as of right
    • Common Law Remedies: damages are a sum of money paid to compensate the innocent party
    • Common Law Remedies put the claimant in the position they would’ve been in had the contract been performed.
    • limitations on awarding damages:
      • causation (Stansbie v Troman)
      • remoteness of damage (Hadley v Baxendale) (Victoria Laundry v Newman Industries)
      • mitigation of loss (British Westinghouse v Underground Electrical Railways)
      • liquidated damages (Dunlop v New Garage and Motor) (Parking Eye v Beavis)
    • causation:
      • breach of contract must be the main cause of C’s loss - but for test
      • ’but for d’s breach of the contract, C would not have made the loss’ - Stansbie v Troman
    • remoteness of damage: law does not allow a claim for loss which is considered too remote from a consequence of the breach of contract (Hadley v Baxendale)
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