Hi! I hope you find my exam flowcharts useful. Very handy for open book exams- designed to work best if you follow the flowchart down every box hits every point on the exam mark scheme.
I used these for my GDL exams where I received a Distinction grade overall with 80%. The GDL covers the LLB ...
Breach of any term in a contract gives the innocent party
the right to claim damages. Where a party sustains a
loss, the general aim of damages is to be placed in the
same position as he would have been had the contract
been performed properly, Robinson v Harman
For damages to apply, there must be a contract, with
agreement, ICLR and consideration [go through
scenario and apply] that has been breached
Identify the breach
Did the breach cause loss?
If the claimant has not suffered
any loss the damages will be
nominal. Apply caution when
bringing a claim for nominal
damages, as the party may
end up paying the costs for all
proceedings, Obagi v
Stanborough
Parties may include a
provision in the contract
that states the amount of
compensation to be paid
if the contract is broken
Penalty Clause
Specified damages clause - an attempt to put pressure on a party to
perform the contract
- a genuine attempt to pre-estimate - unenforceable
the loss likely to be suffered as a - as a penalty is not fixed, the flexibility can
result of the breach be beneficial to both parties depending on
- binding and legally enforceable the loss suffered
- sum stated is what will be paid - if the loss is greater than the
regardless of the actual amount of specified clause, the innocent party
loss suffered will want to argue the clause is
actually a penalty and not binding,
to reclaim all their damages
- if the loss is less than the
specified clause, the party in
breach will want to argue penalty
to pay loss suffered and not the
greater amount in the specified
clause
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