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Contract 10

Remedies

TermDefinition
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'
Cavendish Square case Liquidated damages/penalty clauses are ok
Page One Records v Britton Troggs manager failed to get injunction
AG v Blake Account of profits - spy case
Co-op Insurance v Argyll Stores Specific Performance was refused
Created by: Mr Lovell
 

 



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