A more recent version of these Other Remedies notes – written by Oxford students – is available here.
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Other Remedies Damages are the primary remedy for breach - The following remedies are only given at the court's discretion. The Agreed Sum
This is the most common claim for breach of contract o It is a claim for a specific agreed price specified in the contract o Advantages for C are:
? Availability of summary judgement
? C can then also seek damages if they wish
? Avoids restrictions on damage claims (no need to show loss, not remote, duty to mitigate)
? Avoidance of restrictions on other specific remedies o Advantages for D are:
? C must have given substantial performance before this can be triggered
? D can set off any claims for the agreed sum with what he is owed if not unjust.
Chen Wishart: o This is rarely restricted as Courts are keen to show they won't interfere with freedom to bargain
? However, in doing so Courts over protect C's performance interest in that they don't deduct anything for failure to mitigate and lack of waste avoidance.
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