Summary Exam flowchart for UK Contract law- Remedies Alternative to Damages- Achieved Distinction Grade
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Course
Contract
Institution
University Of Law (ULaw)
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 ...
Remedies aside from damages
for breach of contract
Aim of remedy in contract law:
put the parties into the same
position they would have been
in had the contract been
performed, Robinson v Harman
Termination
Only available for; Specific Restitution
Injunction
- conditions performance
- innominate terms
Innocent party may be able to terminate future Is an order of the court which requires a party to Restitution is to prevent one party becoming
performance of the contract if; perform their contractual obligations and failing this - may be prohibitory, preventing unjustly enriched
will be contempt of court someone doing an act
- a condition is broken
- or mandatory, requiring a If;
- an innominate term is broken and the effects of the
breach are major Is an equitable remedy and is discretionary, can be person to put right a breach of - total failure of consideration in order to
(breach entitling a party to terminate is said to be combined with damages contract recover money paid in advance
repudiatory) - total failure is payee has not done any part
- innocent party has free choice to terminate, but Will not be granted where; of what he was supposed to/ what's done is
- if terminating must communicate that - damages would be an adequate remedy totally useless
- if affirming must make clear (can still sue - the contract would require continuous supervision
for damages lost) of the court - award of quantum meriut where no contract/
- anticipatory breach = a party gives advance - service contracts, involving trust and confidence, it contract has been discharged by the other's
warning he will not perform his contractual would be unwise to make the parties work together breach
obligations when they are due again - where the contract was broken by the 'payer'
Will not be granted if the effect
- then the other party can either terminate - must be just and equitable- would the order cause the 'payee' can bring a claim for a reasonable
would compel the D to do acts he
and sue for damages disproportionate hardship to the defendant and has sum/ QM for work done or goods supplied as
could not have been ordered to
- or treat as continuing and hope the the claimant acted equitably an alternative to damages
do by specific performance
contract will be completed another time - where goods supplied/ work done in
anticipation of a contract but it never comes to
fruition the supplier of work/ goods can bring a
claim, British Steel Corp v Cleveland
Contract may contain a negative
promise which can be enforced without
compelling the employee to work for the
employer she would not have to remain
idle or work for WB she could find
alternative employment type but the
injunction would entice her to fulfil her
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