Hi! I hope you find my exam flowcharts useful. Very handy for open book exams- designed to work best if you follow the flowchart down every box hits every point on the exam mark scheme.
I used these for my GDL exams where I received a Distinction grade overall with 80%. The GDL covers the LLB ...
Breach of any term in a contract gives the innocent party
the right to claim damages. Where a party sustains a
loss, the general aim of damages is to be placed in the
same position as he would have been had the contract
been performed properly, Robinson v Harman
For damages to apply, there must be a contract, with
agreement, ICLR and consideration [go through
scenario and apply] that has been breached
Identify the breach
Did the breach cause loss?
If the claimant has not suffered
any loss the damages will be
nominal. Apply caution when
bringing a claim for nominal
damages, as the party may
end up paying the costs for all
proceedings, Obagi v
Stanborough
Parties may include a
provision in the contract
that states the amount of
compensation to be paid
if the contract is broken
Penalty Clause
Specified damages clause - an attempt to put pressure on a party to
perform the contract
- a genuine attempt to pre-estimate - unenforceable
the loss likely to be suffered as a - as a penalty is not fixed, the flexibility can
result of the breach be beneficial to both parties depending on
- binding and legally enforceable the loss suffered
- sum stated is what will be paid - if the loss is greater than the
regardless of the actual amount of specified clause, the innocent party
loss suffered will want to argue the clause is
actually a penalty and not binding,
to reclaim all their damages
- if the loss is less than the
specified clause, the party in
breach will want to argue penalty
to pay loss suffered and not the
greater amount in the specified
clause
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller charlottehills22. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $3.98. You're not tied to anything after your purchase.
