Question 1

In which situations are non-compensatory remedies for breach of contract generally awarded?&#10;A) Where the breach in question was committed out of malice.&#10;B) Where the breach of contract resulted in no loss to the innocent party.&#10;C) Where compensatory damages would be insufficient to achieve justice.&#10;D) None of the options provided is correct.

Accepted Answer

Non-compensatory remedies, such as specific performance or injunctions, are typically awarded when compensatory damages (monetary compensation for loss) would not adequately remedy the harm caused by the breach, thus aiming to achieve justice by other means.

Question 2

On what basis did the House of Lords in Attorney-General v Blake order Blake to disgorge the profits earned from the sale of his books?&#10;A) Blake was in breach of the fiduciary duties he owed to the state.&#10;B) Blake was guilty of committing the wrong of breach of confidence.&#10;C) Blake had broken his promise to never publish the material he did in his book.&#10;D) None of the options provided is correct.

Accepted Answer

The House of Lords ordered Blake to disgorge profits because he breached a contractual promise not to disclose confidential information, which was a term of his employment as a spy.

Question 3

Which of the following terms are used to describe the measure of damages that reflects the sum a defendant would have had to pay had he bargained for the right not to perform his contract prior to the breach? Please select all that apply.

A) Hypothetical bargain damages
B) User damages
C) Negotiating damages
D) Fictional damages

A,B,C

Accepted Answer

A,B,C

Question 4

The hypothetical bargain measure of damages is only available where contracts concerning land are at issue, as was the case in Wrotham Park Estate Co Ltd v Parkside Homes Ltd.

Accepted Answer

The hypothetical bargain measure of damages, also known as Wrotham Park damages or negotiating damages, is not limited to contracts concerning land but can be applied in various types of cases where a breach of contract or infringement of rights occurs, and where an account of profits or traditional damages are not appropriate or sufficient to compensate the claimant.

Question 5

An action in unjust enrichment for failure of consideration cannot succeed if the claimant has received any part of what he bargained for.

Accepted Answer

An action in unjust enrichment for failure of consideration can still succeed even if the claimant has received part of what they bargained for, as long as they have not received the full benefit or value of the agreed consideration. The claim focuses on the unjust enrichment of the other party at the expense of the claimant, not necessarily on the complete absence of any benefit to the claimant.

Question 6

When are punitive damages available for breach of contract&#10;A) Always.&#10;B) When the breach of contract is 'cynical'.&#10;C) When a tort is concurrently committed.&#10;D) Never.

Accepted Answer

The answer of When are punitive damages available for breach...

Question 7

Specific performance is a common law remedy that is always available but rarely awarded.

Accepted Answer

Specific performance is not always available; it is an equitable remedy that courts may award at their discretion, typically in cases where monetary damages are inadequate to remedy the breach, such as in real estate transactions.

Question 8

Prohibitory injunctions are automatically awarded for breach of restrictive covenants.

Accepted Answer

Prohibitory injunctions are not automatically awarded for breach of restrictive covenants; the decision to grant one depends on several factors, including the nature of the breach and whether damages would be an adequate remedy.

Deck 27: Remedies Beyond Compensatory Damages