Compensatory Damages (AQA A-Level Law): Quizzes
📚Quizzes
Practise the questions
10 questions from this quiz
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Practise the questions
10 questions from this quiz
What is the fundamental aim of compensatory damages in contract law?
What is the fundamental aim of compensatory damages in contract law?
To restore claimant to expected position
When is the amount for liquidated damages fixed in a contract?
When is the amount for liquidated damages fixed in a contract?
At the time the contract is formed
What happens when a damages clause is deemed a penalty clause?
What happens when a damages clause is deemed a penalty clause?
The court refuses to enforce it
What are unliquidated damages?
What are unliquidated damages?
Damages calculated by the court
Which three tests determine unliquidated damages?
Which three tests determine unliquidated damages?
Causation, remoteness, mitigation
What must be established to satisfy the causation test?
What must be established to satisfy the causation test?
A causal link between breach and loss
What are the two limbs in Hadley v Baxendale?
What are the two limbs in Hadley v Baxendale?
Natural consequence & contemplation
In Hadley v Baxendale, why were lost profits not recoverable under the first limb?
In Hadley v Baxendale, why were lost profits not recoverable under the first limb?
Mill shafts don't normally stop production
What must the injured party do after a breach regarding their losses?
What must the injured party do after a breach regarding their losses?
Take reasonable steps to minimize losses
Who bears the burden of proving failure to mitigate?
Who bears the burden of proving failure to mitigate?
The defendant must prove failure