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Remedies 1 - Coggle Diagram
Remedies 1
No financial loss
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Compensation for a sum a party would have reasonably demanded to allow defendant to breach contract, awarded:
- For wrongful use of Cs property
- Instead of specific performance/injunction
- Where breach results in loss of valuable asset created/protected by the right infringed
- Where C would struggle to show financial loss
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No damages for non-financial losses such as disappointment and distress, unless from physical inconvenience caused by breach of contract
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Basis of assessment
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This means that they are awarded considering the position the claimant would have been in had the contract been properly performed Robinson v Harman
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Loss of bargain
- Difference in value
- Difference between contract and market prices
- Loss of profit
- Speculative losses
Reliance loss:
Where C has relied to his detriment on Ds promise to carry out his contractual obligations. C should be compensated for his detriment and returned to his pre-contractual position. Up to C to choose which loss to try and recover.
Restitution interest:
Cs right to repayment of moneyed other benefits received after contract agreed. Only if D enriched at Cs expense and it would be unjust to keep benefit without compensating C
C's duty to mitigate losses:
Cannot recover losses that could have been or were avoided by taking reasonable steps
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Remoteness
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1. D is liable for losses which occur 'naturally' as a result of the 'usual course of things' after such a breach of contract. Must be a serious possibility or very substantial probability. Objective test.
2. D also liable for losses which my have been in the reasonable contemplation of both parties at the time they entered into the contract. Subjective/objective test