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38 Cards in this Set
- Front
- Back
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what kind of remedy is restitution |
common law remedy |
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what is restitution |
all goods/ material property has to be returned to the party by placing them in a position as if the contract was never made |
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when is restitution used |
when the expectation loss measure or reliance loss measure cant be used to calculate damages |
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what are the 4 common law remedies |
liquidated damages unliquidated damages quantum meruit restitution |
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what are the 4 equitable remedies |
specific performance injunctions rectification rescission |
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what is specific performance |
obliges a party to fulfil his/her obligations under a contract |
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what are injunctions |
denies enforcement of a contract |
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what is rectification |
change in contract to either correct a mistake or give effect to the true intentions of the parties or reflect what is just unfair |
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what are the 2 categories of remedies |
common law remedies equitable remedies |
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when are common law remedies made available |
when breach of contract occurrs its an automatic right to damages |
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when are equitable remedies awarded |
at the discretion of the court court will decide if and which equitable remedy will be appropriate for a particular case |
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under what circumstances may equitable remedies be awarded |
when the damages are unquantifiable when the subject matter is unique when reliance loss measure and expectation loss measure cant give an appropriate remedy |
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when a breach of contract is established what do the courts do |
decide whether an order to perform the contract should be made |
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what case says that specific performance will not be available where an adequate remedy would be |
Beswick v Beswick |
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what case says that specific performance will only be available if the remedy is available to both parties |
Price v Strange |
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what case says that specific performance wont be granted if it requires constant court supervision |
Ryan v Mutual Tontine Westminster Chambers Association |
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why wont a contract for the sale of goods being breached be awarded specific performance if theres an active market for the goods |
its easy to calculate the damages |
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what principle does insistence to perform in an active market go against |
the principle of efficient breach - innocent parties should be compensated, not rewarded |
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even if the contract deals with goods that arent available in the market does this mean they will get awarded specific performance |
no - but VERY RARE AND UNIQUE items will generally be awarded it |
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what typically falls under the specific performance category for remedies |
the breach of a contract of sale of land because each and every landlord is regarded as unique |
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what case says SP will generally not be granted in relation to employment and other contracts for personal services |
Hill v CA Parsons & Co Ltd |
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what do you need to show if youre looking to be granted specific performance under an employment contract |
that mutual trust and respect remains |
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what case says specific performance will not be granted if it will result in severe hardship to the defendant |
Denne v Light |
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what case says specific performance will generally not be granted if the defendant acted inequitably |
Walters v Morgan |
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what are injunctions |
orders that restrain parties from carrying out an action that would amount to a breach of contract |
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when do comtract law cases on injunctions tend to come about |
famous people failing to comply with their non-compete agreements |
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what are the 4 limitations to rescission |
Affirmation Lapse of Time Third Party Rights Restitutio in Integrum |
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when will a claim for rescission be successful |
if actionable misrepresentation is established |
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what does an innocent have to do if they want to rescind a contract |
give notice to the other party about the intentions to rescind |
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in what case was an injunction ordered to restrict a famous singer to perform in theatres other than the plaintiff’s |
Lumley v Wagner |
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whats significant about Page One Records v Britton |
example of injunctions not being allowed where it is used as an indirect means of specifically enforcing a contract for which a direct order to perform would not be somehow otherwise granted |
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what are 2 kinds of injunctions |
mandatory and prohibitory injunction |
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what are mandatory injustice |
ordered against past breaches and require D to undo his wrong |
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what are prohibitory injunctions |
injunctions that are ordered for future breaches order D to refrain from a breach |
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what are the 2 kinds of lengths for injunctions |
permanent and temporary injunctions |
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what is rectification |
where a contractual party holds an agreemtn which is not accurately reflected in a written contract the court may decide to rectify the mistake and amend the contract to reflect the true intention of the parties |
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in what case was a plaintiff granted rectification when a yard was wrongly included in the sale of a house |
Craddock Bros Ltd v Hunt |
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what is rescission |
a contract is set aside and the parties are placed in the position they were in before the contract was made |
