另一題唔明既Law功課...remedies for breach of contract.....

2008-10-03 9:34 am
Question:
What is the remedy for breach of contract at common Law? What are the remedies for breach of contract in equity?


唔多明有乜分別, 到底應該點答? 有無人可以幫幫手丫, thx thx ar

回答 (1)

2008-10-04 4:02 am
✔ 最佳答案
There is a choice of remedies for breach of contract:

(1) Compensatory Damages - money to reimburse you for costs to compensate for your loss.

(2) Consequential and Incidental Damages - money for losses caused by the breach that were foreseeable. Foreseeable damages means that each side reasonably knew that, at the time of the contract, there would be potential losses if there was a breach.

(3) Legal fees and Costs - only recoverable if expressly provided for in the contract.

(4) Liquidated Damages - these are damages specified in the contract that would be payable if there is a fraud.

(5) Specific Performance - a court order requiring performance exactly as specified in the contract. This remedy is rare, except in real estate transactions and other unique property, as the courts do not want to get involved with monitoring performance.

(6) Punitive Damages - this is money given to punish a person who acted in an offensive and egregious manner in an effort to deter the person and others from repeated occurrences of the wrongdoing. You generally cannot collect punitive damages in contract cases.

(7) Rescission - the contract is canceled and both sides are excused from further performance and any money advanced is returned.

(8) Reformation - the terms of the contract are changed to reflect what the parties actually intended.

Highlight咗黃色嘅係equity嘅 remedy (additional to the above common law remedies).
參考: Veni - Vidi - Vici

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