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Contract 10
Remedies
Term | Definition |
---|---|
Anticipatory breach | One party states that they will not fulfil the terms of the contract |
Repudiation | Refusal to complete performance of contract |
Equitable remedies | Specific Performance, Rescission, Injunction |
Nominal damages | No real loss, so these damages are minimal |
Duty to mitigate | A party should take reasonable steps to minimise their losses |
Liquidated damages | Amount of damages is stated in the contract - 'penalty clause' |
Chaplin v Hicks | Rare case where payment was made for 'loss of a chance' |
Injunction | Equitable remedy - order not to do something |
Specific Performance | Equitable remedy - order to carry out contract |
Rescission | Equitable remedy - 'back to start' |
Statutory remedies | Includes rights to reject goods under CRA 2015 |
Hadley v Baxendale | Remoteness case - mill shaft |
Victoria Laundry v Newman | Remoteness case - late delivery of boiler |
Parsons v Uttley Ingham | Pig nut hopper case! |
Addis v Gramophone Ltd | Can't claim for mental distress |
Farley v Skinner | Can claim for distress in contract 'for pleasure' |
Beswick v Beswick | Specific Performance granted |
Page One Records v Britton | Troggs manager failed to get injunction |
AG v Blake | Account of profits - spy case |
Patel v Ali | Specific Performance was refused |
Irani v Southampton AHA | Damages = normal remedy for wrongful dismissal (injunction awarded here) |