Remedies: Expectation Damages & Damages for Misrepresentations (Paper)

Materials comprised of a Paper and PowerPoint handout.

Presenters:

Suzanne Robertson QC, Barrister, Bankside Chambers

Peter Wright, Barrister, Shortland Chambers

Synopsis:

Cases are often won on liability but lost on remedy. A sound knowledge of the remedies available to litigants in civil matters and the general principles which guide the courts in assessing the appropriate relief, is critical for all lawyers. Clients are less interested in the cause of action and most interested in the result that can be achieved!

The first in a two-part series on Remedies, these materials discus the expectation damages, and damages for claims of misrepresentation under the Fair Trading Act, Contractual Remedies Act and in tort.

These materials will help you:

• Receive a general overview of expectation damages and understand the terminology.
• Refresh your knowledge on the usual remedies in contract (damages, specific performance and injunction) and learn about other rules or remedies available in exceptional circumstances.
• Learn about choice of remedy: choice of kind or measure.
• Learn about the rule in Hadley v Baxendale and the rule against double recovery.
• Learn about expectation damages in different circumstances.
• Learn more about the limits to expectation damages, the extent of award, date of assessment, and mitigation.
• Receive a brief overview of the elements of a claim for misrepresentation under the Fair Trading Act, the Contractual Remedies Act and in tort.
• Learn about the different measures of damages for each claim and the key differences between them.
• Understand the discretionary nature of remedies.
• Learn about recent case law in the area.

Intended Audience:

Contract and commercial lawyers, civil litigators and general practitioners.