What is the aim of compensatory damages in contract?

To put the innocent party, so far as money can, in the position they would have been in had the contract been properly performed (Robinson v Harman 1848).

What is the test for remoteness of damage in contract?

Losses are recoverable if they arise naturally from the breach, or were within the reasonable contemplation of both parties when the contract was made (Hadley v Baxendale 1854).

When can a claimant recover unusual or special losses?

Where the special circumstances giving rise to the loss were made known to the defendant at the time of contracting (Victoria Laundry v Newman Industries 1949).

What does the duty to mitigate require of the innocent party?

To take reasonable steps to minimise their loss; they cannot recover for losses that reasonable mitigation would have avoided.

OCR A-Level Law H418

Civil Courts and Other Forms of Dispute Resolution

Topic overview Civil courts: jurisdiction, procedure and appeals Employment tribunals and alternative dispute resolution

Criminal Courts and Lay People

Topic overview The criminal process and classification of offences Appeals and appellate courts Sentencing and the powers of the courts Lay magistrates Juries: selection, role and evaluation

Legal Personnel

Topic overview Barristers, solicitors and legal executives The judiciary and its role Separation of powers and judicial independence Evaluating the judiciary and its independence

Access to Justice

Topic overview Government funding of civil and criminal cases Private funding and advice agencies Evaluating access to justice

Rules and Theory of Criminal Law

Topic overview The rules of criminal law Theories of criminal law

General Elements of Criminal Liability

Topic overview Actus reus: acts, omissions and states of affairs Causation in criminal law Conduct and consequence crimes, strict liability and transferred malice

Fatal Offences Against the Person

Topic overview Murder Voluntary manslaughter Involuntary manslaughter Defences and evaluating fatal offences

Non-Fatal Offences Against the Person

Topic overview Common assault and the offence of assault Battery and section 39 Actual bodily harm, wounding and grievous bodily harm Defences and evaluating non-fatal offences

Offences Against Property

Topic overview Theft Robbery Burglary

Mental Capacity Defences

Topic overview Insanity and automatism Intoxication

General Defences

Topic overview Self-defence, duress and necessity Consent as a defence

Preliminary Offences

Topic overview Attempts Impossibility and attempt

Evaluation in Criminal Law

Topic overview Evaluating criminal law

Parliamentary Law Making

Topic overview The legislative process and Green and White Papers Evaluating parliamentary law making

Delegated Legislation

Topic overview Types of delegated legislation Parliamentary and judicial control of delegated legislation Advantages and disadvantages of delegated legislation

Statutory Interpretation

Topic overview Statutory interpretation and intrinsic aids The literal, golden and mischief rules The purposive approach and evaluating statutory interpretation Extrinsic aids and the Human Rights Act 1998

Judicial Precedent

Topic overview The doctrine of precedent The hierarchy of the courts Binding, persuasive and avoiding precedent

Law Reform

Topic overview The Law Commission and law reform Influences on Parliament

European Union Law

Topic overview Institutions of the European Union Sources of European Union law and direct effect The impact of European Union law on English law

Rules and Theory of Tort

Topic overview The rules and theory of tort

Liability in Negligence

Topic overview Duty of care and causation in negligence Breach of duty Economic loss, psychiatric injury and defective products

Occupiers’ Liability

Topic overview Occupiers' liability to visitors and trespassers

Torts Connected to Land

Topic overview Private nuisance Rylands v Fletcher

Vicarious Liability

Topic overview The nature and purpose of vicarious liability Liability for employees and independent contractors

Defences

Topic overview Defences in tort

Remedies in Tort

Topic overview Compensatory damages Other types of damages and mitigation of loss Injunctions

Evaluation in Tort

Topic overview Evaluating negligence and occupiers' liability

Introduction to the Nature of Law

Topic overview Law, rules and the rule of law Civil and criminal law and the development of English law

Law and Morality

Topic overview Law and morals: legal theory, pluralism and the Devlin-Hart debate

Law and Justice

Topic overview The meaning and theories of justice and how far the law achieves it

Law and Society

Topic overview The role of law in society, social control and moral panic Consensus, conflict, labelling and realist theories of law

Rules and Theory of Human RightsHuman rights

Topic overview The rules and theory of human rights

Protection of the Individual’s Human Rights and Freedoms in the UKHuman rights

Topic overview The European Convention and its history The Human Rights Act 1998 and its impact

Key Provisions of the European Convention on Human RightsHuman rights

Topic overview Articles 5 and 6: liberty and a fair trial Articles 8, 10 and 11: private life, expression and assembly Restricting qualified rights: prescribed by law, legitimate aims and necessity

Human Rights and English LawHuman rights

Topic overview Public order offences and trespass to land Interception of communications and police powers Defamation and obscenity Breach of confidence and harassment

Enforcement of Human Rights LawHuman rights

Topic overview The role of the domestic courts Judicial review The European Court of Human Rights

Evaluation in Human RightsHuman rights

Topic overview Evaluating human rights protection in the UK

Rules and Theory of ContractContract

Topic overview The rules and theory of contract

FormationContract

Topic overview Offer and acceptance Consideration, intention to create legal relations and privity

TermsContract

Topic overview Express and implied terms, types of term and exclusion clauses

Vitiating FactorsContract

Topic overview Economic duress Misrepresentation

DischargeContract

Topic overview Discharge by frustration Discharge by performance and breach

Remedies in ContractContract

Topic overview Damages and other contract remedies

Evaluation in ContractContract

Topic overview Evaluating the law of contract

Remedies in Contract

1 subtopics
6 things to know
Component 4
Component 4 option, sat instead of human rights

What Remedies in Contract covers

What the injured party can recover when a contract is broken.

Where it is assessed

Component 4

The law of contract, the alternative option for the third paper.

Check the OCR specification ↗

The 1 subtopics

Each one has its own page.

Damages and other contract remediesRecall questions on compensatory damages, expectation and reliance loss, remoteness, causation and mitigation, liquidated damages and penalties, specific performance and injunctions, and consumer remedies under the Consumer Rights Act 2015.Open →

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What remedies are available for breach of contract?

Evaluation

How are damages for breach of contract limited?

Key term

What is the primary remedy for breach of contract?

Key term

What is the difference between expectation loss and reliance loss?

Key term

What is a prohibitory injunction in the contractual context?

Key term

What remedies does the Consumer Rights Act 2015 give a consumer for faulty goods?

Take Remedies in Contract further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

Expectation loss vs Reliance loss
Expectation loss: damages putting the claimant in the position performance would have achieved. Reliance loss: damages recovering expenditure wasted because of the breach.
Liquidated damages vs Penalty clause
Liquidated damages: a sum the parties agreed in advance as a genuine pre-estimate of loss. Penalty clause: a stipulated sum imposing a detriment on the party in breach out of all proportion to any legitimate interest of the innocent party in performance, which the courts will not enforce (Cavendish Square v Makdessi 2015).
Specific performance vs Injunction
Specific performance: an order compelling a party to carry out the contract. Injunction: an order restraining a party from breaching a negative undertaking.

Questions from this topic

Each one with the model answer underneath.

1
What is the primary remedy for breach of contract?
Model answer
Damages, a common law remedy available as of right to compensate the innocent party for their loss.
2
What is the aim of compensatory damages in contract?
Model answer
To put the innocent party, so far as money can, in the position they would have been in had the contract been properly performed (Robinson v Harman 1848).
3
What is the difference between expectation loss and reliance loss?
Model answer
Expectation loss compensates the claimant's loss of bargain (the benefit expected from performance); reliance loss compensates wasted expenditure incurred in reliance on the contract.
4
What is the test for remoteness of damage in contract?
Model answer
Losses are recoverable if they arise naturally from the breach, or were within the reasonable contemplation of both parties when the contract was made (Hadley v Baxendale 1854).
5
When can a claimant recover unusual or special losses?
Model answer
Where the special circumstances giving rise to the loss were made known to the defendant at the time of contracting (Victoria Laundry v Newman Industries 1949).
6
What does the duty to mitigate require of the innocent party?
Model answer
To take reasonable steps to minimise their loss; they cannot recover for losses that reasonable mitigation would have avoided.

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Civil Courts and Other Forms of Dispute Resolution

Criminal Courts and Lay People

Legal Personnel

Access to Justice

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AThe injury to the claimant's rights is small.

BThe injury is capable of being estimated in money.

CThe injury can be adequately compensated by a small payment.

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Remedies in Contract revision questions

What does Remedies in Contract cover in OCR A-Level Law?: 1 subtopics: damages and other contract remedies. Each one has its own page with questions and model answers.
How is Remedies in Contract organised?: By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.

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