• DAMAGES: legal remedies
• Expectation measure: level of damages so that the C is put in the position if clauses fully performed (taking into account any involved expenditures).
• Actual loss + interests: financial compensation
• Compensatory but not punitive
• Duty of mitigation of loss: reasonable step to keep the loss as low as possible
• Causation (=foreseeable): must be the cause and must have preceded the loss
• Remoteness (=causal link): within reasonable contemplation, no unreasonably remote.
  
• Reliance measure: put the C in the situation of the contract hadn't been made at the first place. More appropriate if difficult to assess expectable benefits (case of search for a wreck which did not exist!!

Academic dispute as to whether double recovery possible à generally not, sometimes same anyway, rare case yes but not for the same item.

Possible to claim the recovery for the loss of the expected business expansion (boilers delivery case).

e.g.: an actor failed to turn up in a TV show, but this kind of program usually makes losses. Claim account of profit for non performance.

• Restitution measure: Very recent à HL in 2000. Recover the gain of the other party, against the past "laissez faire" doctrine.

à Full compensation in situation such as breach of contract + breach of fiduciary duty. (case of a book from a security services member having spied Russia, breach of fiduciary obligation).

CONTRIBUTORY NEGLIGENCE: liability in contract is identical with the liability in tort

• The breach is of a contractual duty to take care.

Equitable Remedies

Equitable remedies at the discretion of the court if common law remedies are deemed inadequate and the 3 Maxims are satisfied (genuinely and justly deserved).

• ACCOUNT OF PROFITS: equitable remedy, discretionary, not always accepted, 3 maxims satisfied, alternative to damages, 2 ways of calculating (incremental and apportionment of the total net profit), access of information
• INJUNCTIONS (Interim or final): to not do (prohibitory) or undo something (mandatory)
• SPECIFIC PERFORMANCE

• If you can't be compensated financially for your loss (Land à unique piece of property)
  • Declaration
  • Rectification
  • Rescission=termination

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