Professional Documents
Culture Documents
Various Remedies Exist in Contract Law
Various Remedies Exist in Contract Law
These
include:
Damages
Repudiation
Rescission
Specific performance
Injunctions
Restitutionary awards
Damages in Contract Law
Remoteness:
Under the rules of remoteness of damage in
contract law set out in Hadley v Baxendale, a
claimant may only recover losses which may
reasonably be considered as arising naturally from
the breach or those which may reasonably be
supposed to be in the contemplation of the parties
at the time the contract was made:
Hadley v Baxendale (1854) 9 Ex Ch 341 Case summary
Heads of damages
There exist various heads of damage in contract
law under which an amount can be claimed to
reflect different types of loss. These include loss of
bargain, reliance loss, discomfort or
disappointment, inconvenience, diminution of
future prospects, speculative damages and
liquidated damages.
Reliance loss
Where it is difficult to quantify the position the claimant would have
been in it may be possible to recover expenses incurred in reliance
of the contract:
Repudiation
Repudiation is a remedy available for breach of
contract. Repudiation involves bringing an end to
the contract. It is only available for breach of
condition as oppose to breach of warranty:
Bettini v Gye (1876) QBD 183 Case summary
Rescission
Rescission is an equitable remedy available at the
discretion of the judge. Rescission seeks to place
the parties back in their pre-contractual position
and thus represents an unraveling of the contract.
Rescission is available where a contract is voidable
as a result of a vitiating factor such
as misrepresentation, undue influence or duress.
The right to rescind may be lost if the claimant
affirms the contract, where a third party acquires
rights in the goods, through lapse of time or
where restitutio in integrum is not possible.
Specific performance
Specific performance is an equitable remedy
available at the discretion of the judge. It is an
order by the court requiring one party to perform
their contractual obligation. Whilst it is often said
that contracts are made to be performed and
parties should be held to their contractual
obligations, the courts are often reluctant to order
a party to unwillingly perform the contract and
specific performance is only available in limited
circumstances. In considering whether to grant
specific performance the courts look to whether
damages would be an adequate remedy, the type
of contract and whether equity requires such an
order.
1. Where damages are an inadequate remedy:
If the claimant could adequately be compensated
by an award of damages for the breach of
contract, the courts are unlikely to order specific
performance.
Compare the cases:
Nutbrown v Thornton (1805) 10 Ves 159 Case
summary
2. Type of contract
Specific performance is most commonly ordered
for contracts for the sale of land
The courts are unlikely to order specific
performance for contracts for personal service.
3. Equity
Clean hands:
Walters v Morgan (1861) 3 DF & J 718 Case
summary
Lamare v Dixon (1873) LR 6 HL 414 Case
summary
Hardship:
Co-op insurance v Argyll Stores [1997] 2 WLR 898
Case summary
Injunctions
The court may sever terms and only order an injunction in respect
of partial obligations: