Contractual Remedies in UK Law

Leading Cases
  • Stocznia Gdynia SA v Gearbulk Holdings Ltd
    • Court of Appeal (Civil Division)
    • 13 February 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.

  • Triple Point Technology, Inc. v PTT Public Company Ltd
    • Court of Appeal (Civil Division)
    • 05 March 2019

    If a construction contract is abandoned or terminated, the employer is in new territory for which the liquidated damages clause may not have made provision. It may be more logical and more consonant with the parties' bargain to assess the employer's total losses flowing from the abandonment or termination, applying the ordinary rules for assessing damages for breach of contract.

    The phrase “fraud, negligence, gross negligence, or wilful misconduct” is describing unusual or extreme conduct, such that Triple Point should forfeit the protection of the cap. If the engineers did so deliberately, that would be both a breach of contract and wilful misconduct. In those two examples Triple Point would be liable for the full consequences of the engineers' negligent conduct, alternatively their wilful misconduct, without the Article 12.3 cap limiting the financial liability.

    Both counsel accept that there are difficulties with the second and third sentences of Article 12.3, whichever interpretation is correct. I have come to the conclusion that the appellant's construction is preferable. Sentence 3 is dealing with specific remedies for individual breaches. Accordingly sentence 3 of Article 12.3 contains a specific exclusion for delay breaches.

  • Hall and Another v Heiden
    • Queen's Bench Division (Technology and Construction Court)
    • 23 March 2010

    Take the example of a contractor who has wholly failed to comply with the contract, is in considerable delay, and is facing a notice of termination. If the defendant was right, the contractor would be better off not coming back on site to carry out the works because, if he refused to do so, the contract would then be terminated and his liability to pay liquidated damages would automatically come to an end.

  • Jarvis v Swans Tours Ltd
    • Court of Appeal (Civil Division)
    • 18 October 1972

    In a proper case damages for mental distress can be recovered in contract, just as damages for shod: can be recovered in tort. 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.

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

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

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  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... powers of Commissioner) ;(f) Chapter VIII of F177the UK GDPR (remedies, liabilities and penalties) except for—(i) Article 83 (general ... 185: Avoidance of certain contractual terms relating to health records ... (1) A term or condition of a ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... of the rights, powers, liabilities, obligations, restrictions, remedies and procedures mentioned in that section;“SPD” means the Single ... (3) Paragraph (2) is without prejudice to any contractual or statutory provision under which any payment is to be made earlier than ... ...
  • The Consumer Credit (EU Directive) Regulations 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... Pre-contractual explanations etc Pre-contractual explanations etc ... After section 55 ... In Schedule 2 (forms of statement of protection and remedies ... 55. In Schedule 2 (forms of statement of protection and remedies ... ...
  • Consumer Insurance (Disclosure and Representations) Act 2012
    • UK Non-devolved
    • January 01, 2012
    ... ... 4: Qualifying misrepresentations: definition and remedies ... (1) An insurer has a remedy against a consumer for a ... before termination.(9) Nothing in this paragraph affects any contractual right to terminate the contract ... Annotations: Commencement ... ...
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Books & Journal Articles
  • Restitutionary Remedies in the Contractual Context
    • No. 76-3, May 2013
    • The Modern Law Review
    Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payment for work done under the contract, commonly described as restitutionary remedies. This claim ar...
  • Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
    • No. 78-2, March 2015
    • The Modern Law Review
    The attempt to combine the contractual interests properly so‐called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ineradicably i...
    ... ... Better than Fuller: A Two Interests Model of Remedies for Breach of Contract David Campbell * The attempt to combine the contractual interests properly so-called with the restitution interest in the Fuller and Purdue three interests model of remedies for breach of contract is ... ...
  • Emerging markets of the Middle East: A critique of selected issues in Arab securities regulation
    • No. 7-2, February 1999
    • Journal of Financial Regulation and Compliance
    • 149-176
    This paper examines comparative aspects of Arab securities regulation. It provides a general introduction, overviews the aims of securities regulation and the UK regulatory framework, and outlines ...
    ... ... lack of Arab rules on fraud, insider dealing and possible contractual remedies. It concludes with a case study shedding light on the term ... ...
  • Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
    • No. 80-5, September 2017
    • The Modern Law Review
    The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice ...
    ... ... offering simplified and clear suites of rights and corresponding remedies. In so doing, howev er, they affect core areas of private law rights and emedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of ... ...
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Law Firm Commentaries
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