TABL1710 Study Guide - Final Guide: Helen Baxendale, Consideration, Breach (Security Exploit)

• School: UNSW, UNSW Sydney
• Department: Taxation and Business Law
• Course: TABL1710
• Professor: Helen Cosby

Document Summary

As common law remedy, only available where precise restitution is possible. It would be unjust to allow principal to retain benefit in the circumstances. Damages: main remedy under contract law (cid:862)relia(cid:374)(cid:272)e loss(cid:863, awarded to put injured party back in position if contract was performed as originally intended. Penalty: an amount agreed on as security to ensure that contract will be performed threat to ensure performance. Injunction: discretionary court order which restrains party from breaking their contract or from committing wrongful act, will not be awarded if damages are adequate remedy. Injunction may be: perpetual given as part of the order of the court at its final hearing, prohibitory preventing breach of contract, mandatory requiring person to perform some contractual obligation. If defendant refuses to comply with order by obstructing plaintiff/not allowing entry defendant is guilty of contempt of court and faces prospect of being fined or imprisoned.