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Remedies - Coggle Diagram
Remedies
Damages
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Purpose of damages is to compensate innocent party, not to make profit
To put the injured party to the same financial state as if the contract had been properly performed (not at the time contract was made)
Nominal damages will be awarded is there's no loss
(serve as token of honour to the rights of plaintiff)
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If it is hard to assess the amount of loss, this won't prevent court from awarding damages
Specific performance
- An order from court, requiring defaulting party to perform his part of contract exactly as he promised
Available when
- Damages may not be adequate
- Subject matter of the contract is unique & cannot be obtained elsewhere
- Actual damages cannot be ascertained
However, sometimes specific performance may be refused if
- Compensation of money is adequate
- Contract that has numerous details
- Terms which court find with reasonably certainty
- Delay in bringing action
- Contracts for personal service
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Injunction
An order from court to restrain a person from doing a specific act in the future. It's a preventive relief.
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