Remedies
This lecture deals with remedy. This topic always appears in most Contract Law exams. Without a remedial response, a right would be of little value. Therefore, the law has developed a range of remedial responses available where a breach of contract occurs. The principal remedy for breach of contract is damages. This chapter will focus on the principles which are applied by the courts when assessing the damages payable on breach of contract.
Learning Outcomes
After listening to this lecture on Remedies, you will understand:
the nature and purpose of damages in the law of contract;
the distinction between a valid liquidated damages clause and a penalty clause;
the various assessment measures developed by the courts to calculate damages;
the concepts of causation, remoteness of damage and mitigation in contract; the role of contributory negligence in contract;
the nature of a quantum meruit/valebat and equitable remedies in contract.
Cases
Specific Performance
Beswick v Beswick (1968) AC 58
Patel v Ali (1984) Ch 283
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd (1997) 3 All ER 297
Injunction
Page One Records Ltd v Britton (1968) 1 WLR 157
Damages
Addis v Gramophone Co Ltd (1909) AC 488
Jarvis v Swan Tours [1973] 1 All ER 71
Farley v Skinner [2001] UKHL 49
Causation
County Ltd v Gironzentrale Securities (1996) 3 All ER 834
Remoteness of Damages
Hadley v Baxendale(1854) 9 Ex 341
Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia, The Achilleas[2008] 4 All ER 159
Mitigation
British Westinghouse Electric and Manufacturing Co v Underground Electric Rail Co [1912] AC 673
Contributory Negligence
Forsikringsaktieselskapet Vesta v Butcher [1986] 2 All ER 488
Quantum Meruit
Gilbert and Partners v Knight (1968) 2 All ER 248
This lecture deals with remedy. This topic always appears in most Contract Law exams. Without a remedial response, a right would be of little value. Therefore, the law has developed a range of remedial responses available where a breach of contract occurs. The principal remedy for breach of contract is damages. This chapter will focus on the principles which are applied by the courts when assessing the damages payable on breach of contract.
Learning Outcomes
After listening to this lecture on Remedies, you will understand:
the nature and purpose of damages in the law of contract;
the distinction between a valid liquidated damages clause and a penalty clause;
the various assessment measures developed by the courts to calculate damages;
the concepts of causation, remoteness of damage and mitigation in contract; the role of contributory negligence in contract;
the nature of a quantum meruit/valebat and equitable remedies in contract.
Cases
Specific Performance
Beswick v Beswick (1968) AC 58
Patel v Ali (1984) Ch 283
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd (1997) 3 All ER 297
Injunction
Page One Records Ltd v Britton (1968) 1 WLR 157
Damages
Addis v Gramophone Co Ltd (1909) AC 488
Jarvis v Swan Tours [1973] 1 All ER 71
Farley v Skinner [2001] UKHL 49
Causation
County Ltd v Gironzentrale Securities (1996) 3 All ER 834
Remoteness of Damages
Hadley v Baxendale(1854) 9 Ex 341
Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia, The Achilleas[2008] 4 All ER 159
Mitigation
British Westinghouse Electric and Manufacturing Co v Underground Electric Rail Co [1912] AC 673
Contributory Negligence
Forsikringsaktieselskapet Vesta v Butcher [1986] 2 All ER 488
Quantum Meruit
Gilbert and Partners v Knight (1968) 2 All ER 248
This lecture deals with remedy. This topic always appears in most Contract Law exams. Without a remedial response, a right would be of little value. Therefore, the law has developed a range of remedial responses available where a breach of contract occurs. The principal remedy for breach of contract is damages. This chapter will focus on the principles which are applied by the courts when assessing the damages payable on breach of contract.
Learning Outcomes
After listening to this lecture on Remedies, you will understand:
the nature and purpose of damages in the law of contract;
the distinction between a valid liquidated damages clause and a penalty clause;
the various assessment measures developed by the courts to calculate damages;
the concepts of causation, remoteness of damage and mitigation in contract; the role of contributory negligence in contract;
the nature of a quantum meruit/valebat and equitable remedies in contract.
Cases
Specific Performance
Beswick v Beswick (1968) AC 58
Patel v Ali (1984) Ch 283
Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd (1997) 3 All ER 297
Injunction
Page One Records Ltd v Britton (1968) 1 WLR 157
Damages
Addis v Gramophone Co Ltd (1909) AC 488
Jarvis v Swan Tours [1973] 1 All ER 71
Farley v Skinner [2001] UKHL 49
Causation
County Ltd v Gironzentrale Securities (1996) 3 All ER 834
Remoteness of Damages
Hadley v Baxendale(1854) 9 Ex 341
Transfield Shipping Inc of Panama v Mercator Shipping Inc of Monrovia, The Achilleas[2008] 4 All ER 159
Mitigation
British Westinghouse Electric and Manufacturing Co v Underground Electric Rail Co [1912] AC 673
Contributory Negligence
Forsikringsaktieselskapet Vesta v Butcher [1986] 2 All ER 488
Quantum Meruit
Gilbert and Partners v Knight (1968) 2 All ER 248