Exam Notes 2017 PDF

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Exam Notes 2017...

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Part A (Remedies of breach of contract) Step 1- Identify the legal issue: The area of law is contract, in particular remedies. Step 2- Explanation of the rules of law with reference to authority: Termination: After termination, the unperformed obligations of the defendant must be discharged by the payment of damages to the extent that the failure to perform has caused loss- This is also seen in the case, McDonald v Denny Lascelles. An innocent party who seeks to terminate performance must be able to prove a breach of a condition- This is also seen in the case, Associated Newspapers v Bancks. If a condition of the contract has been breached, the innocent party has the right to terminate the contract- An example of this principle is seen in the case, Holland v Wiltshire. Damages: To put the innocent party in the financial position they would have been in had the contract been properly performed- An example of this is seen in the case, Radford v de Froberville. For disappointment and distress- Contract must be for the provision of enjoyment, relaxation or pleasure. This is seen in the case, Baltic Shipping Co v Dillon. Mitigation of damages - The plaintiff must exercise reasonable care to minimise losses that flow from the breach. An example of this is seen in the, Burns v MAN Automotive. Specific performance: Matter of court’s discretion- Court does not have to provide such a remedy unless deemed necessary. An example of this is seen in the case, Lumley v Wagner. Injunctions: Equitable remedy available to a person who can show that the other party is about to breach contract- This principle is also

present in the case, Buckenara v Hawthorn Football Club Ltd Step 3- Apply the rules of law to the facts of the question: Step 4- Conclusion: It is likely here that damages will be awarded...