BLAW10001 Lecture Notes - Lecture 7: Equitable Remedy, Consumer Protection, Specific Performance
10 Jun 2018
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Department
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BLAW10001 Semester 1 – Remedies for Breach of Contract
Remedies for breach of contract
• Common law remedies - for general trade
o Damages to compensate for loss
o Contract termination
• Equitable remedies - things that are hard to come by, antiquities
o Specific performance
o Injunctions
• Statutory remedies
o e.g. Sale of goods legislation & Aus. Consumer law
• Agreed remedies
o Agreed terms of the contract regarding remedies
Choosing a remedy
• Suing party entitled to specify a particular relief; sometimes combination e.g.
claim damages & terminate performance
• Sometimes plaintiff asks for alternative remedies e.g. specific performance
• Nature of performance affects available remedies
o Performance can be 'one-off' e.g. delivering something bought & sold
o Performance could happen over a period of time e.g. services
performed every month. Called 'on-going' agreements
Damages for breach of contract
• 'Ordinary' remedy. Monetary compensation from defendant to plaintiff (not
punitive/punishment)
• Loss is when plaintiff's financial standing is worse than if contract had been
performed
• Aim to put plaintiff in same position as if contract had been performed - not
trying to 'undo' the contract
Document Summary
Blaw10001 semester 1 remedies for breach of contract. Remedies for breach of contract: common law remedies - for general trade, damages to compensate for loss, contract termination, equitable remedies - things that are hard to come by, antiquities, specific performance. Injunctions: statutory remedies, e. g. sale of goods legislation & aus. Consumer law: agreed remedies, agreed terms of the contract regarding remedies. Mitigation of loss: plaintiff must do everything reasonable possible to mitigate (reduce, minimise) losses from breach e. g. leases - landlord must look for new tenants, cannot claim losses from defendant if they could have been avoided. Discharged by payment of damages to extent of losses: electing to terminate, aggrieved party must elect to terminate. Decision made is final: decision to terminate must be communicated to defaulting party, must be unambiguous, may be special procedures agreed in the contract regarding termination.
