LW English Chapter 4 Questions Contract Law
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Hi answer of Q8 should be discretionary, but it marks equitable remedies are awarded as an alternative to damages as correct????
No, you’re wrong. The correct answer is the one that is indicated
Equitable remedies ARE discretionary – they are awarded at the discretion of the Court
Equitable remedies are NOT an alternative to damages – that would suggest that a Court may think, in passing judgement, ‘Should we award damages or an equitable remedy – how are we feeling today? In our last judgement we awarded damages so it’s the turn of equitable remedies this time’ clearly this cannot be correct
Damages WILL BE awarded if damages is a sufficient remedy to compensate the injured party. But sometimes an award of monetary compensation (damages) is not a sufficient remedy so the Courts, over a period of many, many years, devised these equitable remedies that could be awarded where damages was not appropriate
So it’s not an ‘either / or’ situation. It’s ‘This one won’t do. Therefore we must consider an equitable remedy’
OK?
You’re correct, the answer to question 2 should be ‘injunction’ and not ‘action for price’
The other 7 answers are all correct as indicated
Hi sir, In the last Q regarding Equitable remedies isn’t the main thing that they are discretionary, also shouldn’t the second last Q be forsight of a reasonable man. and the the equitable remedy should be injunction, right?
For Question 7, the expression should be:
Remoteness – only awarded if the damage suffered should have been in the reasonable
contemplation of the ordinary man
Refer to P.34
Question 8 is asking for the expression which is “not” applicable.
Refer to P.38
I agree that the equitable remedy should be injunction. That answer shouldn’t be action for price.
Question two answer says action for price is correct shouldnt this be injunction instead
Please clarify