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Contract: Remedies

  • 2 subtopics
  • 8 things to know
  • Paper 3
  • Paper 3, the law of contract — one of two options

What Contract: Remedies covers

Damages for expectation and reliance loss with their limits of causation, remoteness and mitigation, and the equitable remedies and the right to terminate.

Where it is assessed

Paper 3

Law of contract, one of two options.

Check the AQA specification ↗

The 2 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Define expectation loss in the context of contractual damages.

Key term

Under the first limb of Hadley v Baxendale, what type of losses are recoverable?

Key term

For what types of contracts is specific performance commonly awarded?

Key term

In what two circumstances does the right to terminate a contract arise?

Numbers

Under Consumer Rights Act 2015 s20, what right does a consumer have and within what timeframe?

Key term

Under Consumer Rights Act 2015 s24, when does a consumer have a right to a price reduction or final right to reject?

Process

What does reliance loss cover, what must causation show, and what does remoteness limit?

Process

What does termination do to future and accrued obligations, and what may a consumer require?

Take Contract: Remedies further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • Offer vs Invitation to treat

    Offer: definite promise capable of immediate acceptance. Invitation to treat: communication inviting others to make proposals.

  • Condition vs Warranty

    Condition: major term permitting termination after breach. Warranty: lesser term normally permitting damages only.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What is the primary remedy for breach of contract, and what is its fundamental purpose?

    Model answer

    Compensatory damages are the primary remedy, designed to put the claimant in the position they would have been in had the contract been performed correctly.

  2. 2

    Define expectation loss in the context of contractual damages.

    Model answer

    Expectation loss (also called loss of bargain) compensates for what the claimant expected to gain from the contract being performed.

  3. 3

    What does reliance loss compensate a claimant for?

    Model answer

    Reliance loss compensates for expenses incurred in reliance on the contract that have been wasted due to the breach.

  4. 4

    What must a claimant prove regarding causation to recover damages for breach of contract?

    Model answer

    The claimant must prove that the defendant's breach actually caused the loss suffered.

  5. 5

    How does the principle of remoteness limit the damages recoverable for breach of contract?

    Model answer

    Remoteness limits recoverable damages to losses that were reasonably foreseeable at the time the contract was made.

  6. 6

    Which case established the test for remoteness of damage in contract law?

    Model answer

    Hadley v Baxendale established the test for remoteness in contract.

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Contract: Remedies revision questions

What does Contract: Remedies cover in AQA A-Level Law?
2 subtopics: damages, specific performance and rescission and termination and the right to reject. Each one has its own page with questions and model answers.
How is Contract: Remedies organised?
By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.

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