Remedies 0.0 / 5 ? LawContract lawA2/A-levelAQA Created by: luiza szCreated on: 18-04-19 18:23 Damages financial compensation for loss caused by breach of contract. Always available for breach. Compensatory damages not punitive. 1 of 16 where C suffers no loss nominal damages awarded: minimal money damages awarded. 2 of 16 Measure of Damages put innocent party I position they would be in if the contract had been preformed 3 of 16 Expectation loss damages awarded to compensate for loss value contractual, 4 of 16 Reliance loss where Claims damages to recover costs incurred in reliance on proper performance of contract and wasted 5 of 16 Loss type of loss and extent of loss recoverable 6 of 16 type of loss personal injury, damage to property and loss of profit 7 of 16 Extent of loss C must prove loss caused by D's breach of contract and loss not too remote 8 of 16 Causation 'but for' test (Stansbie v Troman) and remoteness (Hadley v Baxendale) 9 of 16 Mitigation of loss by C where C claims damages for loss caused by D;s breach of contract, C must take all reasonable steps to minimise loss 10 of 16 Liquidated damages agreed damages. Where contract contains term identifying a stipulated sum to be paid in the event of a breach by either party. Parking Eye v Beavis 11 of 16 Penalties makes business confidence and avoids breach in contract 12 of 16 Equitable Damages at the discretion of the courts. Specific preformance (carry out their agreed obligations) and Rescission (contract is set aside). 13 of 16 Breach of a condition damages or repudiate of contract 14 of 16 Breach of Warranty sue for damages only 15 of 16 innominate term innocent party can sue immediately, or wait until the contract performed date is due, then sue. 16 of 16
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