Types of Remedies
- Common law remedies - damages (available as of right upon a breach of contract)
- Equitable remedies - specific performance & injunction (available only upon the court's discretion
- Restitution remedies - egg recovery of money on a quantum merit basis or upon a total failure of consideration (these will NOT be covered in this course)
- Damages (this seem, ascertain after breach has taken place):
- Liquidated (pre est. mat of damages agreed by parties
- Nominal damages - like 2$ Principle for award of damages
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To place the inn party, so far as money can do it, in he if the contraction had been performed properly Robinson v Herman.
- remoteness (prove that loss is not too remote, many consequence of the act, so laws can be infinite, u are only liable to the immediate law, not remote ones, immediate loss recovered, not remote. )
- mitigation (can claim damages, but be fair to party in breach, cannot increase her law, be fair)
- measure (how much to pay, what are principles on the basis of decision).
When a contract is breached, the party in breach is generally required to pay damages to the injured party.
What is the purpose of awarding such damages?
In order to recover damages, there must be: a breach of the contract loss suffered by the plaintiff which is caused by such breach, the loss must not be too remote, and the plaintiff must have mitigated his loss. If these elements are present, the plaintiff is entitled to damages - the court does not have a discretion to withhold them; contrast the equitable remedies which are granted in the discretion of the court.
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