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Contractual Remedies (Term (Breach (Catergorise (Damages (Unliquidated…

- - - - Damages
        
        Liquidated damages clause
        
        Incorporation
        
        Construction (Cavendish v Makdessi)
        
        Primary obligation
        
        Acceptable
        
        Secondary obligation
        
        Clause will be a penalty if it imposes a detriment out of all proportion to any legitimate interest of the innocent party in the performance of the primary obligation
        
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        Unliquidated damages
        
        Measures
        
        Expectation (Robinson v Harman)
        
        Diminution in value
        
        Loss of amenity (Ruxley v Forsyth)
        
        Only available to non commercial entities
        
        Cost of Cure
        
        Too speculative (McRae v Commonwealth Disposals Commission)
        
        Best measure in construction (Birse v Eastern Telegraph)
        
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        Reliance (Anglia Television Ltd. v Reed)
        
        Can get pre-contractual expenses
        
        Rebutted by saying they would not have recouped cost (C & P Haulage v Middleton; Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd; Yam Seng v ITC)
        
        Restitution (Attorney-General v Blake)
        
        Legitimate interest
        
        Damages inadequate
        
        Damages for mental distress
        
        Generally not claimable (Addis v Gramophone Co Ltd)
        
        Unless is a major purpose of contract (Farley v Skinner (No. 2))
        
        Never claimable in commercial context (Hayes v Dodd)
        
        Damages for loss of reputation
        
        Generally not claimable (Malik v BCCI)
        
        Damages for loss of chance
        
        Claimable if quantifiable in monetary terms and there was a real and substantial chance that the opportunity might have come to fruition (Chaplin v Hicks)
        
        Mitigating factors
        
        Causation
        
        Breach the dominant or effective cause of the loss? (Galoo v Bright Grahame Murray)
        
        Remoteness (Hadley v Baxendale)
        
        Loss arises naturally, in the usual course of things, or
        
        Loss not unlikely (The Heron II; The Achilleas)
        
        Loss in contemplation of both parties
        
        Jackson v Royal Bank
        
        Victoria Laundry v Newman Industries
        
        Mitigation of loss
        
        Reasonable steps (British Westinghouse v Underground Electric)
        
        If situation is right should re-contract with original party (Payzu v Saunders)
        
        Ought not to be weighed in nice scales at the instance of the party whose breach of contract has occasioned the difficulty (Banco de Portugal v Waterlow & Sons)
        
        Contributory negligence (Vesta v Butcher)
      - Specific performance
        
        Discretionary remedy
        
        Never granted where damages or liquidated demand adequate (Adderly v Dixon)
        
        Will take into account conduct of claimant (Coatsworth v Johnson)
        
        Action must be brought with reasonable promptness to avoid laches (Eads v Williams)
        
        Will not be awarded where it subjects D to undue hardship (Patel v Ali)
        
        Will not be awarded for breach of contract for personal services (De Francesco v Barnum)
        
        Specific performance will not be awarded for breach of an obligation to perform a series of acts which would need the constant supervision of the court. Thus building contracts are specifically enforceable only in certain special circumstances (Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd)
        
        Specific performance will not be awarded for breach of a contract wanting in mutuality
      - Injunction
        
        Discretionary power to prevent breach of negative obligation
        
        Maintenance of good faith (Lumley v Wagner)