Contractual Remedies in UK Law

Leading Cases
  • Stocznia Gdynia SA v Gearbulk Holdings Ltd
    • Court of Appeal
    • 13 Feb 2009

    It is important to remember that any clause in a contract must be construed in the context in which one finds it, both the immediate context of the other terms and the wider context of the transaction as a whole. The court is unlikely to be satisfied that a party to a contract has abandoned valuable rights arising by operation of law unless the terms of the contract make it sufficiently clear that that was intended. The more valuable the right, the clearer the language will need to be.

  • Jarvis v Swans Tours Ltd
    • Court of Appeal
    • 18 Oct 1972

    One such case is a contract for a holiday, or any other contract to provide entertainment and enjoyment. If the contracting party breaks his contract, damages can be given for the disappointment, the distress, the upset and frustration caused by the breach. I know that it is difficult to assess in terms of money, but it is no more difficult than the assessment which the courts have to make every day in personal injury cases for loss of amenities.

  • Multiplex Construction (UK) Ltd v Honeywell Control Systems Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 06 Mar 2007

    Whatever may be the law of the Northern Territory of Australia, I have considerable doubt that Gaymark represents the law of England. Contractual terms requiring a contractor to give prompt notice of delay serve a valuable purpose; such notice enables matters to be investigated while they are still current. If Gaymark is good law, then a contractor could disregard with impunity any provision making proper notice a condition precedent.

  • Royal Brompton Hospital NHS Trust v Hammond (No. 3)
    • House of Lords
    • 25 Abr 2002

    (3) Is C also liable to A in respect of that damage or some of it?

  • Capital and Suburban Properties Ltd v Swycher
    • Court of Appeal
    • 13 Feb 1976

    The value of the land (assuming it not to have appreciated since the contract) plus damages at common law could not, I think, exceed the amount recoverable by working out the decree in this way. Rescission may be valuable to a vendor if the land has risen in value, but cannot benefit him otherwise. So what virtue would there be in this Court allowing a vendor both to rescind and claim damages?

    Accordingly, it seems to me to be justified, in principle to hold that if a defendant purchaser fails to complete in accordance with a specific performance decree and the vendor then seeks to rescind the contract, he cannot at the same time recover damages at common law for repudiation of the contract. But in the present case the vendors say that they do not ask to rescind the contract.

    • Court of Appeal
    • 08 Mar 2002

    The previous position at common law in the United States, we are told, did allow the informal overriding of a written clause excluding any unwritten modification. Although this appears in its time to have been an American and not an English doctrine, it does to my mind illustrate well enough, in the absence of decisive English authority, that there is room for debate and movement on the question.

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