Introduction to Monetary Damages.
Monetary damages, also known as compensatory damages, are the most common remedy for breach of contract. They aim to compensate the non-breaching party for their actual losses resulting from the breach. It's essential to understand the key principles of monetary damages:
Direct Losses: Compensatory damages cover direct losses, such as the cost of completing the contract with another party.
Foreseeability: Damages must have been foreseeable at the time of contract formation to be recoverable.
Types of Monetary Damages.
Monetary damages can take various forms, and it's crucial to comprehend the distinctions between them:
General Damages: General damages compensate for the direct and natural losses that flow from the breach. They don't need to be specifically foreseeable but must arise in the usual course of events.
Special Damages (Consequential Damages): Special damages go beyond direct losses and include additional costs or losses that result indirectly from the breach. Law students should understand the principles of consequential damages:
Foreseeability: Like compensatory damages, consequential damages must have been foreseeable at the time of contract formation.
Causation: There must be a clear causal link between the breach and the consequential damages.
Incidental Damages: Incidental damages are the additional costs incurred by the non-breaching party as a result of the breach. These damages are typically recoverable when they are reasonably incurred to mitigate losses.
Specific Performance.
Introduction to Specific Performance.
Specific performance is an equitable remedy available when monetary damages are inadequate to compensate for the breach. This remedy requires the breaching party to perform their contractual obligations. Law students should understand the key aspects of specific performance:
Availability: Specific performance is typically available for contracts involving unique goods or services where monetary compensation would not adequately remedy the breach.
Court Discretion: Courts have discretion in granting specific performance, considering factors like feasibility, fairness, and the unique nature of the contract.
Restitution and Rescission.
Restitution.
Restitution is a remedy aimed at restoring the parties to their pre-contract positions. Law students should understand the principles of restitution:
Return of Benefits: Restitution often requires the parties to return any benefits or consideration they received under the contract.
Rescission.
Rescission is the process of canceling or undoing a contract. It can occur by mutual agreement of the parties or by court order, typically due to factors like fraud, misrepresentation, or lack of capacity.
Landmark Case: Lumley v Wagner (1852).
The case of Lumley v Wagner is a notable example of specific performance. In this case, a singer contracted to perform exclusively at a particular venue. She later agreed to sing at a rival venue, breaching the exclusive contract. The court granted an injunction to prevent her from performing at the rival venue, enforcing specific performance of the contract.
