Across
- 4. when the loss or damage would not have been suffered .... the defendant’s breach
- 5. it is a restraining order which prevents a person from breaking a contract and aims at enforcing negative promises
- 6. the injured parties must be able to show that they have suffered some of this
- 8. the main purpose of damages is to enable the innocent party to receive this
- 11. these are awarded where an injured party has no fixed sum in mind and leaves the court to decide the amount
- 12. The court must consider whether the loss suffered by the injured party is a usual and reasonably direct consequence of the breach of contract
- 13. The plaintiff must take reasonable steps to minimise their loss, failure to do so can result in a reduction of damages
- 14. a kind of threat to ensure performance and not enforceable because they are not a genuine pre-estimate of the damage that will result from the breach
- 15. this prevents the defendant from removing assets from the court’s jurisdiction
- 16. arises where there has been part-performance, and only where it can be implied that payment would be made
- 18. type of damages where loss suffered by the plaintiff as a result of the breach and can be either general or special damages
- 19. one of the equitable remedies; only granted at the court’s discretion where the court can supervise the implementation of the contract
- 22. these are a common law remedy and awarded as of right
- 23. type of damages where legal rights have been infringed but they have suffered no actual loss
Down
- 1. prevents a defendant from disposing of any evidence before trial
- 2. these are awarded where a plaintiff is able to sue for a specified sum, which must be a genuine or bona fide pre-estimate of the actual loss that will flow from the breach
- 3. type of damages that is punitive and may be awarded for non-economic loss
- 7. legislations of the states and territories to determine the time limits within which an injured party must take action
- 9. these are discretionary remedies and only granted where damages are not an adequate remedy
- 10. The plaintiff must show that the breach of contract by the defendant was the … of the loss
- 17. this is need to be established first
- 20. this is based on the concept of unjust enrichment and also known as quasi-contract
- 21. this entitles the injured party to set the contract aside and is only available for breach of a condition