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    Seminar 8 BLAW Notes

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    Rishabh
    This document summarizes a business law seminar on remedies for breach of contract. It outlines the key learning points and contents, which include damages at common law such as compensatory damages to make the innocent party whole, equitable remedies like specific performance and injunction, and the distinction between liquidated damages versus penalty clauses. The document provides details on the assessment and claiming of damages and the discretionary nature and conditions for equitable remedies. It emphasizes understanding the various remedies available for breach and being able to apply the rules relating to damages claims.

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    Seminar 8 BLAW Notes

    Uploaded by

    Rishabh
    57 views2 pages
    This document summarizes a business law seminar on remedies for breach of contract. It outlines the key learning points and contents, which include damages at common law such as compensatory damages to make the innocent party whole, equitable remedies like specific performance and injunction, and the distinction between liquidated damages versus penalty clauses. The document provides details on the assessment and claiming of damages and the discretionary nature and conditions for equitable remedies. It emphasizes understanding the various remedies available for breach and being able to apply the rules relating to damages claims.

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    This document summarizes a business law seminar on remedies for breach of contract. It outlines the key learning points and contents, which include damages at common law such as compensatory damages to make the innocent party whole, equitable remedies like specific performance and injunction, and the distinction between liquidated damages versus penalty clauses. The document provides details on the assessment and claiming of damages and the discretionary nature and conditions for equitable remedies. It emphasizes understanding the various remedies available for breach and being able to apply the rules relating to damages claims.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    57 views2 pages

    Seminar 8 BLAW Notes

    Uploaded by

    Rishabh
    This document summarizes a business law seminar on remedies for breach of contract. It outlines the key learning points and contents, which include damages at common law such as compensatory damages to make the innocent party whole, equitable remedies like specific performance and injunction, and the distinction between liquidated damages versus penalty clauses. The document provides details on the assessment and claiming of damages and the discretionary nature and conditions for equitable remedies. It emphasizes understanding the various remedies available for breach and being able to apply the rules relating to damages claims.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    NANYANG TECHNOLOGICAL UNIVERSITY

    NANYANG BUSINESS SCHOOL

    AB1301 - BUSINESS LAW


    AUGUST 2018

    Seminar 8: Remedies for Breach of Contract

    Key Learning Points:


    • To know and understand the various common law and equitable remedies available to the
    innocent party for breach of contract
    • To understand the doctrine of mitigation
    • To know and be able to apply the rules relating to a claim of damages
    • To be able to distinguish between liquidated damages and penalties, and to understand the
    legal effect of both

    Contents

    A. Damages at Common Law


    B. Equitable Remedies
    C. Liquidated Damages v Penalties

    A. Damages at Common Law


    ‒ Compensatory nature of damages
     Compensation for loss suffered, not punitive in nature
     Difficulty of assessment is no bar to recovery
     Compensation for non-pecuniary loss: inconvenience or disappointment
     Loss of reputation: bright line rule of non-recovery
    ‒ Principle of assessment: To place the innocent party, so far as money can do it, in the same
    position that he would have been in had the guilty party not breached his obligations
    ‒ Basis of assessment
     Expectation loss
     Reliance loss
    (Note: The rule against double recovery)
    ‒ Rules for claiming of damages
     Causation in fact (But-for test)
     Rule against remoteness (Two-limbed test in Hadley v Baxendale)
    ‒ Doctrine of mitigation

    Comments:
    ‒ Students should be able to apply the rules relating to a claim of damages and to
    understand the different bases of assessment.

    B. Equitable remedies
    ‒ Discretionary nature of equitable remedies
    ‒ Specific performance
    ‒ Injunction (prohibitory and mandatory)
    Comments:
    ‒ Students should be able to identify when the various equitable remedies are
    appropriate as well as the conditions for granting these equitable remedies

    C. Liquidated damages v penalties


    ‒ Definition of liquidated damages
    ‒ Guidelines for ascertaining whether liquidated damages clause or penalty clause: Dunlop
    Pneumatic Tyre Co v New Garage Motor
    ‒ Effect of liquidated damages clause v effect of penalty clause

    Comments:
    ‒ Students should be able to:
     distinguish between a liquidated damages clause and a penalty clause
     understand the legal effect of both

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