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1)Sir, If suppose A contract with B to buy a cell phone (rare model) which B has, but then B breaches his contract in such a case the remedy awarded to A would be specific performance OR damages?
2)In wrongful trading, the penalties are 15 years disqualification and unlimited liability for debts of company, but is he also liable for fine? If yes , then fine is limited or unlimited Secondly, in fraudulent trading the fine is limited or unlimited?
3)In donovan v invicta airways 1970 case, the employee was constructively dismissed. And as we know in constructive dismissal employee can claim both unfair dismissal and wrongful dismissal. But in this case why he was awarded wrongful dismissal instead of unfair dismissal?
3 questions, 3 different areas of law, 3 separate topics? 3 posts!
1) the decision would depend upon the availability in the market of phones of the same make, model, age and condition. If there are other phones available in the market closely similar to the one in the contract, the decision would likely be one of damages measured as the excess payable over the contracted price
If there was not one available, then the decision would likely be specific performance
2) it appears that there is no limit to the amount payable “the Court may order the payment of such sum to the company’s assets as seems fit”
3) no idea – but the Court decided that wrongful dismissal was appropriate after the employer’s constructive dismissal
OK?
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