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Contract - Remedies

Remedies - need to add damages + pleasure exception?

QuestionAnswer
What are the remedies available for contracts? Damages, recission, restitution, estoppel, injunction, specific performance + statutory remedies (e.g. right to reject)
what is recission? puts parties back into pre contractual position
when is recission suitable as a remedy? misrepresentation (negligent & fraudulent)
what is restitution? restores parties to position before wrongdoing
when is restitution suitable as a remedy? duress
What is estoppel (promissory)? partiers stopped from going back on promise
when are injunctions awarded? to prevent a breach
AB v CD example of an injunction being awarded
Page One Records v Britton inequitable for the court to award an injunction or specific performance as a remedy to personal services (troggs)
Irani v Southampton AHA Damages are the normal remedy for wrongful dismissal, but an injunction was awarded here
What is specific performance? a party is forced to complete/perform the contract
When is specific performance suitable as a remedy? where something is unique - often land, can be property. Not for personal services. Only available if damages are not adaquate
Beswick v Beswick Widow not paid, and the legal advisors cannot sue for another persons losses. Damages not available, so specific performance used
Patel v Ali unfair to award specific performance due to undue hardship (illness) - specific performance is given at courts discretion.
Created by: Oscar.G
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