This chapter is the first of two chapters concerned with remedies. The focus of this chapter is monetary remedies; the financial consequences of a proven tort. It begins by discussing the notion of damage, and damages, before exploring different types of damages; the principle of full compensation; the interrelationship of tort and other compensation systems; pecuniary and non-pecuniary losses; death in relation to tort; and damage to property.
Chapter
24. Damages
Chapter
Farley v Skinner [2001] UKHL 49
Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Farley v Skinner [2001] UKHL 49. The document also includes supporting commentary from author Nicola Jackson.
Chapter
12. Remedies for breach of contract
This chapter examines the various remedies for breach of contract. The principal remedy is an award of damages, the main aim of which is to put the claimant in the position in which he would have been had the breach not occurred. The various types of damages are discussed, notably the distinction between expectation loss and reliance loss, and the ability to claim for financial and non-pecuniary losses. The chapter also discusses restitutionary remedies in cases where the defendant has been enriched due to his breach of contract. Finally, the chapter looks at remedies designed to ensure that persons adhere to contracts, such as specific performance and injunctions.
Chapter
7. Remedies for breach of contract
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on damages, the aim of which is generally to protect the claimant’s contractual expectation and put the claimant into the position they would have been in had the contract been properly performed. The lost expectation may be measured in terms of the difference between what the claimant expected to get and what was actually received. There are limitations on the claimant’s ability to be fully compensated for losses as a result of breach, i.e. remoteness, mitigation, contributory negligence, and the ability to recover for non-pecuniary losses in contract. This chapter also examines agreed damages clauses and the operation of the penalty rule.
Chapter
14. Damages for breach of contract
Robert Merkin KC, Séverine Saintier, and Jill Poole
Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. Contractual damages aim to compensate the injured party for the loss suffered due to breach of contract. Damages for breach are compensatory and not punitive so that it is possible to recover only for the actual loss suffered by the injured party. This chapter considers the different measures to achieve compensation for loss suffered as a result of the breach and the limitations on the ability to be fully compensated in a breach of contract claim. It also discusses agreed damages provisions and their enforceability.
Chapter
17. Remedies and limitation
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers engage fully with each subject and check their understanding as they progress. The remedies for torts begin with financial compensation for both pecuniary and non-pecuniary losses, but also include injunctions. Compensation can be claimed by the injured party and also their survivors and dependants following death. Tort compensation is normally paid as a lump sum and will be liable to various deductions. This chapter also discusses how limitation of actions will be a factor which can influence the injured parties’ ability to bring an action in tort.
Chapter
7. Remedies for breach of contract
James Devenney and Adam Shaw-Mellors
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on damages, the aim of which is generally to protect the claimant’s contractual expectation and put the claimant into the position they would have been in had the contract been properly performed. The lost expectation may be measured in terms of the difference between what the claimant expected to get and what was actually received. There are limitations on the claimant’s ability to be fully compensated for losses as a result of breach, i.e. remoteness, mitigation, contributory negligence, and the ability to recover for non-pecuniary losses in contract. This chapter also examines agreed damages clauses and the operation of the penalty rule.
Chapter
13. Damages
Where the parties have not agreed on the consequences of breach or any agreed remedies are unenforceable, the default is that the aggrieved party is always entitled to expectation damages for breach of contract. This chapter discusses: (1) the types of loss recognised by contract law and so compensable for breach of contract; (2) how loss is calculated; (3) when contract law allows departures from the expectation measure and allows awards claims based on reliance, restitution, account of profits, or loss of opportunity to bargain (negotiating damages); and (4) when consumers have the right to a price reduction.
Chapter
17. Remedies and limitation
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. The remedies for torts begin with financial compensation for both pecuniary and non-pecuniary losses, but also include injunctions. Compensation can be claimed by the injured party and also their survivors and dependants following death. Tort compensation is normally paid as a lump sum and will be liable to various deductions. This chapter also discusses how limitation of actions will be a factor which can influence the injured parties’ ability to bring an action in tort.
