REMEDIES H1 HYPO EXAM NOTES

Description

These Remedies exam notes provide a comprehensive, structured guide to all major remedies topics, supported by detailed case law, clear doctrinal tests, and H1-level hypothetical problem analyses illustrating how to apply each principle in exam scenarios. Topics Covered Introductory principles of remedies (functions of remedies; primary vs secondary rights). Exemplary & aggravated damages (availability, rationale, leading cases). Loss, compensation & vindicatory principles (factual vs normative loss; trespass; false imprisonment). Compensatory damages in contract, including: Difference in value Rectification (cost of cure) Reliance damages Loss of a chance Distress/disappointment damages Limiting factors: causation, remoteness, mitigation Liquidated damages & penalties Compensatory damages in tort (land, goods, deceit/misstatement, limiting factors). Statutory damages under ACL (s 18, causation, measure of loss). Equitable compensation (trustees, fiduciaries, causal analysis). Specific relief: Specific performance Injunctions (interlocutory and final) Lord Cairns’ Act damages, user damages & gain-based remedies Account of profits Rescission (grounds, effect, bars). Cultural loss (Timber Creek). These hypotheticals act as model exam answers, demonstrating high-level issue-spotting, application of doctrine, and structured reasoning.