Contractual Remedies in UK Law

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

  • Capital and Suburban Properties Ltd v Swycher
    • Court of Appeal (Civil Division)
    • 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.

    Mr. Nicholls' contentions on this question may, I think, be summarised under the following three propositions, namely: (i) where a vendor elects for specific performance, the contract remains in existence at the time when the purchaser is bound to complete under the decree; (ii) if the purchaser then fails to complete, he then commits a new breach of the contract; (iii) this new breach gives rise to a new claim for damages at common law.

  • 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?

    • Court of Appeal (Civil Division)
    • 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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  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... What remedies are there if statutory rights under a goods contract are not met? What ... takes effect, at the time the goods are delivered, as a contractual obligation owed by the guarantor under the conditions set out in the ......
  • Land Registration Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... have the same effect and that the chargee has the same rights and remedies for the purpose of the Law of Property Act 1925 once they are registered. ...1. The registrar may have contractual remedies against a party to a. network access agreement which he can ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (f) (f) Chapter VIII of the applied GDPR (remedies, liabilities and penalties) except for— . (i) Article 83 (general ...S-185 . Avoidance of certain contractual terms relating to health records 185 Avoidance of certain contractual ......
  • Employment Rights Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......with any other workers) has any contractual liability and which so. resulted,. . . in each case whether or not the ... S-26 . Complaints and other remedies. 26 Complaints and other remedies. . . Section 23 does not affect the ......
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Books & Journal Articles
  • Restitutionary Remedies in the Contractual Context
    • Núm. 76-3, Mayo 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...
  • Emerging markets of the Middle East: A critique of selected issues in Arab securities regulation
    • Núm. 7-2, Febrero 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 ...
    ...... of Arab rules on fraud, insider dealing and possible contractual remedies. It concludes with a case study shedding light on the ......
  • Better than Fuller: A Two Interests Model of Remedies for Breach of Contract
    • Núm. 78-2, Marzo 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 ......
  • Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
    • Núm. 80-5, Septiembre 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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