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REMEDIES FOR BREACH OF CONTRACT - Coggle Diagram
REMEDIES FOR BREACH OF CONTRACT
1. RESCISSION OF CONTRACT
S.40
party not in breach has the right to terminate the contract
S.65
party not in breach is bound to restore all the benefits received
2. DAMAGES - S.76
as a compensation
for loss suffered due to breach
CATEGORIES
1. SUBSTANTIAL DAMAGES
monetary compensation to put plaintiff in the position he would have enjoy if contract is performed
2. NOMINAL DAMAGES
small token awarded when plaintiff has proved the breach but has not suffered actual loss
3. EXEMPLARY DAMAGES
a sum awarded which is far greater than actual monetary loss suffered
TYPES
S.74(1)
DAMAGES ARISING NATURALLY
SPECIAL DAMAGES FOR ANY SPECIAL LOSS
:star:Plaintiff need to prove that the defendant knew at the time of contract, special loss will incur from breach
: :star:Defendant could foresee the loss
:red_cross:If plaintiff failes to prove, he cannot claim for special damages
THAM CHEOW TOH V, ASSOCIATED METAL SMELTERS LTD
VICTORIA LAUNDRY V. NEWMAN
S.75
LIQUIDATED DAMAGES
amount of damages is fixed by parties
(max. limit of compensation)
3. SPECIFIC PERFORMANCE (SP)
ORDER OF THE COURT
for the party at fault to carry out the contract according to its terms
:question:
WHEN CAN BE GRANTED
if damages are not an adequate remedy for breach
S.11 OF SPECIFIC RELIEF ACT (SRA) 1950
: :question:
WHEN CANNOT BE GRANTED
S.20 OF SRA 1950
4. INJUCTION
COURT'S ORDER
to restrain the doing of some wrongful conduct which is against the contract
S. 50 of SRA 1950
TYPES
1. TEMPORARY
will continue until a specified time / until further order of the Court
2. PERPETUAL
to prohibit the defendant permanently from doing an act which is against the plaintiff"s rights.
:question:
WHEN CANNOT BE GRANTED
:red_cross:Contract that cannot be enforced by SP
5. QUANTUM MERUIT