CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

Summary Performance Total performance must be exact and complete: Exact, must match contractual obligations – Re Moore and Land ...

Impossibility – Taylor v Caldwell. Unavailability or incapacity – Morgan v Manser, Condor v Barron Knights. Illegality – Metrop ...

2 Andrew owns the Hotel Splendid. In May Bruce reserves and pays for accommodation in the hotel, including a very large meeting- ...

15 Remedies Clearly, if a problem arises with a contract a remedy is needed for the innocent party. We have seen some remedies i ...

Liquidated damages should be distinguished from penalty clauses. Liquidated damages are a reasonable estimate of the amount whic ...

Remedies 227 The rule of the common law is that where a party sustains a loss by reason of a breach of contract he is, so far as ...

It was stated in the case of Addis v Gramophone Co Ltd (1909) that damages would not be awarded for injury to feelings for wrong ...

Mitigation The party claiming damages is expected to take steps to mitigate, or offset, loss where this is reasonable, but there ...

affecting neighbouring residents, damages would be inadequate as the residents would want to stop the fumes being emitted. An in ...

Damages can be: Liquidated (where a fixed amount is set by the parties). Unliquidated (where the court decides the amount of th ...

Remoteness of damage Losses are recoverable if they are reasonably within the contemplation of the parties as a probable result ...

Part 5 Consumer protection This area of law is of use to all students as a life skill, in that most people will find at some tim ...

Remedies Once a breach of contract is found to exist a remedy is needed for the ‘innocent’ party.This may mean that the contract ...

16 Consumer protection So far we have concentrated mostly on ensuring that the law works well for those who have negotiated agre ...

The contract Many commercial deals take place between large organisations, which trade with each other in the supply of goods an ...

attempt to remedy the imbalance of power in consumer contracts. Some of the protection given by legislation only applies to cons ...

Risk The risk of some kind of damage to goods, or their loss, may be arranged specifically by the parties, but otherwise will no ...

Title Section 12 implies a condition that the seller has a right to sell the goods. This is so fundamental to a contract of sale ...

This important term only applies to sales in the course of a business, not to private sales, so although a consumer is protected ...

(a) fitness for all the purposes for which goods of this question are commonly supplied (b) finish and appearance (c) freedom fr ...