TOPICS

Contract, remedies, orders of specific performance

Specific performance a discretionary remedy; 9.2.1.

Obligations involving personal services; 9.2.2.

Performance that requires supervision for an extended period; 9.2.3.

The availability of alternative relief; 9.2.4.

Performance that causes hardship; 9.2.5.

Contract, remedies, an award of damages

Monetary compensation for loss; 9.3.1.

The availability of damages as a remedy; 9.3.2.

Distinguishing estimated loss and agreed penalties; 9.3.3.

The purpose of damages for breach of contract; 9.3.4.

Types of loss: wasted expenses; 9.3.5.

Types of loss: immediate (or direct) losses; 9.3.6.

Types of loss: consequential (or indirect) losses; 9.3.7.

Types of loss: disappointment and distress; 9.3.8.

The duty to mitigate loss; 9.3.9.

Contract, remedies, termination of performance

What 'termination of performance' involves; 9.4.1.

Assessing the importance of the breach; 9.4.2.

Non-performance; 9.4.3.

Partial performance; 9.4.4.

Substantial performance; 9.4.5.

Hidden defects; 9.4.6.

Late performance; 9.4.7.

Anticipatory breach; 9.4.8.

The decision to terminate performance; 9.4.9.

Termination distinguished from rescission; 9.4.10.

Contract, remedies, injunctions

How injunctions work; 9.5.1.

Taking account of the indirect effects of injunctions; 9.5.3.