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Remedies + Damages (Statutory Remedies (REFER TO ACL!), Equitable Remedies…
Remedies + Damages
Statutory Remedies
REFER TO ACL!
Equitable Remedies
When damages are not sufficient
Specific Performance
Usually for cases involving sale of rare items - land, antiques, shares, etc.
Dougan v Ley (1946)
Injunction
Forbidding party from doing something
Buckenara v Hawthorn Football Club Ltd (1988)
Rescission (Void)
As a result of vitiating factors
Entitles innocent party to terminate contract, restore to position as if contract has not been formed
Damages
Monetary Compensation in case of breach or fraudulent/negligent misrepresentation
3 steps
Remoteness
Need to show connection between breach of contract and loss
Direct Loss
Loss flow from normal course of things, foreseeable
Koufus v Czarnikow Ltd; The Heron II (1969)
General Damages
Indirect Loss
Loss flow from circumstances not known to defendant
Hadley v Baxendale (1854)
Only pay for damages that should be known to defendant
Mitigation
Other party is obligated to take all reasonable steps to mitigate loss
Brace v Calder (1895)
Entitled to nominal damages only if failed to mitigate loss
Types of Damages
Exemplary
If defendant intentionally breach contract to maliciously cause harm
Amount is above mer compensation to penalize defendant
General Damages
To compensate actual loss
Liquidated
Can be calculated in advance, e.g. 2 month's rent. Must be bona fide (honest) or court will not enforce
Unliquidated
Cannot be calculated in advance, e.g. distress, anxiety, etc. But can be calculated upon breach
Nominal
Legal right to sue but haven't suffered any actual loss
Pyrrhic Victory
Only entitled to a token amount (e.g. $1)