ABSTRACT

This chapter explores questions and its answers related to provisions of the Civil Liability Act 1978 and also relates to the two main remedies for breach of contract: namely, damages and specific performance and also it is related to the restitutionary remedies, answers in the chapter related to the rule of remoteness, based on reasonable contemplation, does seem to provide a satisfactory basis for deciding what damages are recoverable. The general principle of contractual damages is that the parties should be put into the position they would have been in had the contract been performed properly Robinson v Harman. There are three main elements to this rather complicated problem, relating to the three different contracts. All are concerned with restitutionary remedies, but, as is usual for a question with this structure deals with different legal issues in relation to each situation. A thorough knowledge of the relevant rules and associated case law is necessary to answer the entire question.