BTF1010 Study Guide - Final Guide: Helen Baxendale, Rescission, Liquidated Damages
6 Jun 2018
School
Department
Course
Professor
Breach of contract: Civil remedies
1. Damages
2. Termination and damages
3. Specific performance
4. Injunction
Common law
Damages: All breaches
Termination
• Repudiation
• Innominate term with serious consequences
Equity
• Specific performance
• Injunction: an authoritative warning or order.
Remedy of damages
1. What is the measure of damages?
2. Was the loss caused by the breach and is the loss too remote from the breach?
3. Is the loss one that the innocent party should have taken steps by way of mitigation?
Expectation losses
Case: Robinson v Harman
• Put innocent party in the same position as they would have been in if contract had been performed
exactly – called expectation losses
• Innocent party compensated for loss of profit that it expected to receive from the contract
Reliance losses
Case: Amann Aviation
Document Summary
Breach of contract: civil remedies: damages, termination and damages, specific performance, injunction. Case: robinson v harman: put innocent party in the same position as they would have been in if contract had been performed exactly called expectation losses. Innocent party compensated for loss of profit that it expected to receive from the contract. The damage must have been caused by the breach and must not be too remote from the breach. Causation: the innocent must establish that the damages it seeks were caused by the breach. Case: fitzgerald v penn: there are more than one causes of the loss, it is sufficient that the breach is casually contributed to the loss. Remoteness: the common law considered that it would not be practicable for the party in the breach to be liable for every loss that might have been caused in the breach. Limb 1 - a loss naturally arises from the breach according the usual course of things.
