Business Law
Seminar 9 – Remedies for Breach of Contract
Reading:
George Shenoy and Loo Wee Ling (eds), Principles of Singapore Business Law (“PSBL”),
(Cengage 2013), Chapter 18. We will concentrate in class mainly on Damages. Note that PSBL chapter 18 addresses the topics in a different order from this Outline; we will in general follow the order of the Outline
Note:
References below to Poole are to Jill Poole, Casebook on Contract Law (10th ed, 2010), which is available at Course Reserve in the Library. References to previous editions are retained for convenience. Poole contains abbreviated versions of the cases referred to in this Outline. Many of these cases are also summarised in PSBL and the Poole reference is given only if you wish to read a fuller version than that contained in PSBL.
Note the local cases:
E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd & Ors & Anor Appeal [2011] 1 SLR 32, see Case Summary [facts and holding (6) to (8)].
Supplementary Reading:
Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd [2008] 2 SLR(R) 623, see Case Summary [facts and holding].
MONETARY Compensation > Once breach > Definitely have damages
To compensate > in contract law, its not to punish
Objective in criminal law > to punish
Objective in civil law > to compensate
1. Types of Remedies
Common law remedies – damages (available as of right upon a breach of contract)
Equitable remedies – specific performance & injunction (available only upon the court’s discretion
Restitutionary remedies – eg recovery of money on a quantum meruit basis or upon a total failure of consideration (these will NOT be covered in this course)
2. Damages
-UNLIQUIDATED (THIS SEM, accertain after breach has taken place)
-Liquidated (pre esti amt of damages agreed by parties
-Nominal damages – like 2$
Principle for award of damages: To place the inno party, so far as MONEY can do it, in the SAME POSITION HE WLD BE IN if the contrtyuioact
Reading:
George Shenoy and Loo Wee Ling (eds), Principles of Singapore Business Law (“PSBL”),
(Cengage 2013), Chapter 18. We will concentrate in class mainly on Damages. Note that PSBL chapter 18 addresses the topics in a different order from this Outline; we will in general follow the order of the Outline
Note:
References below to Poole are to Jill Poole, Casebook on Contract Law (10th ed, 2010), which is available at Course Reserve in the Library. References to previous editions are retained for convenience. Poole contains abbreviated versions of the cases referred to in this Outline. Many of these cases are also summarised in PSBL and the Poole reference is given only if you wish to read a fuller version than that contained in PSBL.
Note the local cases:
E C Investment Holding Pte Ltd v Ridout Residence Pte Ltd & Ors & Anor Appeal [2011] 1 SLR 32, see Case Summary [facts and holding (6) to (8)].
Supplementary Reading:
Robertson Quay Investment Pte Ltd v Steen Consultants Pte Ltd [2008] 2 SLR(R) 623, see Case Summary [facts and holding].
MONETARY Compensation > Once breach > Definitely have damages
To compensate > in contract law, its not to punish
Objective in criminal law > to punish
Objective in civil law > to compensate
1. Types of Remedies
Common law remedies – damages (available as of right upon a breach of contract)
Equitable remedies – specific performance & injunction (available only upon the court’s discretion
Restitutionary remedies – eg recovery of money on a quantum meruit basis or upon a total failure of consideration (these will NOT be covered in this course)
2. Damages
-UNLIQUIDATED (THIS SEM, accertain after breach has taken place)
-Liquidated (pre esti amt of damages agreed by parties
-Nominal damages – like 2$
Principle for award of damages: To place the inno party, so far as MONEY can do it, in the SAME POSITION HE WLD BE IN if the contrtyuioact
References: Principle for award of damages: To place the inno party, so far as MONEY can do it, in the SAME POSITION HE WLD BE IN if the contrtyuioact had been performed properly Robinson v Harman (1848)