Post on 14-Apr-2018
transcript
7/29/2019 Remedies Presentation
1/13
Week 6 Remedies in Contract Cases
By: Brendon & Viknesh
7/29/2019 Remedies Presentation
2/13
What is a Remedy ? The manner in which a right is enforced or satisfiedby a court when some harm or injury, recognized bysociety as a wrongful act, is inflicted upon anindividual.
Types of Remedies in Contract Law Termination Damages
Specific Performance Injunction Rescission
7/29/2019 Remedies Presentation
3/13
Termination Bringing a contract to an end so that all futureobligations are cancelled
Ways of terminating a Contract Performance - Hoeing v Isaacs Agreement Term of the Contract
Frustration - Davis Contractors Ltd v Fareham Urban District Council Breach of Contract Serious Breach of an intermediate Term Repudiation Anticipatory Breach
7/29/2019 Remedies Presentation
4/13
Damages Monetary payment calculated to compensate the
innocent party for the loss caused by the breach of contract
To put the plaintiff in the position he or she would have
been in if the contract had been properly performed
Requirements for Damages claim Losses must be caused by Breach of the Contract
Plaintiff has a duty to mitigate losses
Damages must not be too remote
7/29/2019 Remedies Presentation
5/13
Circumstances where damages may be claimed Expectation losses Personal injuries
Disappointment, distress, discomfort?
Damages - Hadley v Baxendale
The defaulting party in breach will be liable for losseswhich flow according to the usual course of things fromthe breach
The party in breach is only liable for losses that werewithin the reasonable contemplation of the parties at thetime the contract was made
7/29/2019 Remedies Presentation
6/13
Specific Performance
Court order requiring one party to carry out his or hercontractual obligations Dougan v Ley
Injunction Court order restraining one of the parties to a contractfrom breaching his or her contractual obligations
The court may rectify a contract if there is an error inthe contract both parties signed
Rectification of Contract
7/29/2019 Remedies Presentation
7/13
Restitution
Not a Contractual Remedy
Where the defendant has gained a benefit at theexpense of the plaintiff
Would be unjust in the circumstances to allow thedefendant to retain that benefit the courts will make anorder
Enables plaintiff to claim a reasonable amount from thedefendant for goods or services rendered
7/29/2019 Remedies Presentation
8/13
Rescission Act of bringing a contract to an end Parties are restored as far back as possible to theposition they occupied immediately prior to the contract
Contracts may be Rescinded for:
In equity Misrepresentation Duress Undue influence Mistake Unconscionable conduct
Statutes ACL Contract Review Act 1980 (NSW)
7/29/2019 Remedies Presentation
9/13
Contracts in Major Report Contract 1
Alice and Charlies initial contract
Contract 2 Alice and Charlie final contract
Contract 3 Alice and Ieysu
Contract 4 Alice and Lina & Steve
7/29/2019 Remedies Presentation
10/13
Contract 1 - Alice and Charlies initialcontract
Damages Was there a breach ? Plaintiff has a duty to mitigate losses Damages must not be too remote Hadley v Baxendale
Termination by Performance Hoeing v Isaacs
Termination for breach of a condition of the contract
Specific Performance Dougan v Ley
Termination by Frustration Davis Contractors Ltd v Fareham Urban District Council
7/29/2019 Remedies Presentation
11/13
Contract 2 - Alice and Charlies finalcontract
Damages Was there a breach ? Plaintiff has a duty to mitigate losses Damages must not be too remote Hadley v Baxendale
Specific Performance Dougan v Ley
7/29/2019 Remedies Presentation
12/13
Contract 3 Alice and Ieysu
Damages Was there a breach ? Plaintiff has a duty to mitigate losses Damages must not be too remote Hadley v Baxendale
Termination for breach of a condition of the contract
Recession for mistake as a defence
7/29/2019 Remedies Presentation
13/13
Contract 4 Alice and Lena & Steve
Damages Was there a breach ? Plaintiff has a duty to mitigate losses Damages must not be too remote
Hadley v Baxendale
Personal injuries Baltic Shipping Co v Dillon
For medical expenses
Disappointment Javis v Swans Tours Ltd