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Types of remedies:-
1. RESCISSION OF CONTRACT
2. DAMAGES
3. QUANTUM MERUIT
4. SPECIFIC PERFORMANCE
5. INJUNCTION
RESCISSION OF
CONTRACT
a. arises naturally-
• accord. to usual course of things for the breach.
Illustration (f) and (g)
• BEE CHUAN RUBBER SDN BHD v LOO SAM MOI
b) Special damages for any special losses
• Compensation where the party knew when
they made the contract, to be likely to result
from the breach of it must not too remote
• PF must prove that the Df knew at the time of
making the contract, the special lost is likely
to result from the breach
• PF also must prove that the DF could foresee
the lost at the time of making contract
Tham Cheow Toh v. Associated Metal Smelters Ltd
Held: a failure to sent a smelter that could burnt up to
f’2600 is a breach of contract. Dft can expect the
losses that might incurred from that breach.
c) Liquidated damages
section 75
The amount of damages to be paid in case of
breach of the contract has been stated in the
contract.
• Maximum limit of compensation
• Cannot claim more than fixed
amount even though losses is
greater
Damages of unspecific amount are
divided into 3:
1. Substantial –
a reward given is to put plaintiff in a place that he should if
defendant perform the contractual obligation.
WHEN
WHENSPSP
CAN s.11(1)(c)
s.11(1)(c)
CANBE
BE Money
GRANTED
GRANTED Moneyisisnot not
suitable
suitable
compensatio
compensatio
s.11(1)(d)
s.11(1)(d) nn
Money
Money
compensation s.11(2)
s.11(2)
compensation
cannot Cnt
Cnt involve
involve
cannot be
be
obtained immovable
immovable
obtained
property
property
When SP cannot be
granted – s.20
• Breach can be compensated by
money
• Contract too many details
• Contract of employment
• Contract which court must supervise
• Terms of contract are not certain
• Contract is revocable in nature
• Contract made by trustee which
exceed power / breach of trust
• Contract by those representing
corporation exceeding its power
• Where performance of contract more
than 3 years
• When subject matter of contract no
longer exist
Ct discreations not to
enforce SP
• Section 21(2)
• A) Contract is made are such as to
give the PF an unfair advantage over
the DF
• B) contrcat involved hardship on the
DF
INJUNCTION
DEFINITION
A decree by the court ordering a
person not to do a certain act. It is
an equitable remedy given at the
discretion of the court.
TEMPORARY /
INTERLOCUTO PERMANENT /
RY PERPETUAL