Remedies in contract law (2 of 2)

[@altoriaimmigrationandbusin4239]

Hans, your videos have helped me understand the difficult concepts of contract law; your method of presentation and explanation and analysis is greatly appreciated! Thank you. Lulwa

[@TheresaRocheactress]

Brilliant - clear and helpful. Thank you so much.

[@douglasforbes5685]

Hello Mr.Mahncke....I am grateful for your Channel in helping me understand Contract Law. Can you please help me with a answer structure for a essay on Remedies. The question is "Critically discuss the principles which guides the court in the limitation of damages for breach of contract?"

[@HansMahncke]

Hi Douglas, the first thing you need to do is understand the question (or statement) fully and the best way of achieving that is to phrase it in your own words. So in your example, the first point to note is that there IS a breach of contract. Hence you can dispense with any discussion on whether there is a breach (usually, of course, assessments would focus on a discussion of whether or not there is a breach). Having postulated that there is a breach, you could then phrase the question, for instance, as 'Assuming there is a breach of contract, when would courts reduce or limit damages'. By phrasing it that way, the task becomes a lot clearer. Given this task, you then have to think of all the possible reasons why and when a court may limit or reduce damages, for instance, because it finds only a loss of amenity as opposed to damages for completely fixing the defect (which was the situation is Ruxley Electronics v Forsyth). There are many examples but for two-hour exam, assuming you have one hour per question, I would expect you to list about 4 or 5 different ways in which a court may limit damages and to explain them each while mentioning relevant cases. Hadley v Baxendale would definitely be one of the very significant examples principles to discuss here. When done, do not forget your conclusion, briefly summarising what you have found, but without introducing any new content.