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REMEDIES, is cost of cure reasonable, What type of remedies are awarded?…
REMEDIES
remoteness test
losses must not
be too remote
1st limb
losses were reasonably foreseeable
ordinary course of things
no need prove for actual knowledge
2nd limb
both parties have reasonable contemplated
the special consequences
Did the innocent party take
steps to
mitigate
losses
reasonable steps taken
impossible to mitigate
based on circumstance
causation
but for the
__
would P have suffered the losses?
is cost of cure
reasonable
plaintiff has to be seeking to
mitigate → minimise loss
plaintiff intends to cure defect →
court award damages based on cure
plaintiff wanted to contract for
economic gain / difference in value →
will not fully compensate him
What type of remedies
are awarded?
unliquidated damages
compensatory damages for
pecuniary losses (money)
Consequential / Indemnity / Incidental loss
which amounts to ---
Expectation loss
difference / dimunition
of market value
SALE OF GOODS
→ gives innocent the financial
benefit that he will otherwise obtain
Cost of cure
CONSTRUCTION
→ innocent gets money to repair defect
Reliance loss
expenses wasted in
reliance and liability
incurred from the commitments
made in anticipation of the performance
// unless it is a bad bargain
Non-pecuniary loss
usually not compensated
unless it was meant to
provide enjoyment
Discretionary Equitable
Remedies
Specific performance
→ make party perform as per
the contract, where damages is not adequate
remedy → e,g special antique / land
Damages were not adequate
Order is appropriate
Possible defences
Injuction
applied by aggrieved
→ party in breach asked to reverse negative
effects to position before the breach
order cannot be oppressive
balance of convenience
cannot be contract of personal service
liquidated damages