1. To be claimed in case of breach of contract
REMEDIES
To be claimed in case of
breach of contract

2. Definition
Any of the methods available at law for the enforcement, protection, or recovery of rights or obtaining redress for their infringements. It may include damages, an injunction, a decree of specific performance or a declaration.
(Oxford Concise Dictionary of Law)

3. Damages Quantum meruit Specific performance Injunction
Recourses available:
Damages
Quantum meruit
Specific performance
Injunction

4. Damages
Principal remedy for breach of contract as compensation to the innocent party
Photo Production Ltd, v Securicor Transport Ltd

5. Categories of damages
Liquidated – amount fixed by parties in advance in the contract
Unliquidated – amount to be fixed by the court
General – the natural and probable consequence of a wrong OR damages given for loss incapable of precise estimation eg. pain, suffering, loss or reputation
Special – loss not presumed, can be quantified and must be proven eg. Out of pocket expenses or loss of earnings

6. Law relating to damages originate from the CML rule established in Hadley v Baxendale
Reflected in Section Contract Act 1950
Tham Cheow Toh v Assoc. Metal Smelters Ltd. (special damages)

7. Section 75 Stipulating penalty for breach of contract
Effects
To determine the maximum limit of compensation
The plaintiff can only recover a reasonable sum
Wearne Bros Ltd. V Jackson

8. Section 74 explanation Mitigating loss
The innocent party must take reasonable steps to mitigate loss
Failure to do so, the party cannot later recover any loss flowing from his neglect
Kabatasan Timber Extraction Co. v Chong Fah Sing

9. Other categories of damages
Substantial damages
Given when actual damage is caused & intended to put P in a position he would have enjoyed if the contract is performed
Nominal damages
Small token given in case of breach but no damages is suffered
Exemplary damages
Awarded in exceptional cases to punish D’s wrongdoing

10. Quantum Meriut A party should be awarded as much as he earns
Can be contractual or quasi-contractual
The party will be reasonably rewarded in the event of dispute
In case of void contracts, claims will be made on the basis of quantum meriut
Craven-Ellis v Canons Ltd.
Section 66 illustration c

11. Situations where QM is awarded:
When the contract is silent about the payment for the service but payment is necessary
Upton RDC v Powell
Where from the conduct of the parties, a new contract is established and the party have provided service under the new contract
Parkinson & Co. v Commissioner of Works
Where plaintiff chose to end the contract because of defendant’s breach or where plaintiff is prevented from performing the contractual obligation - Plance v Colburn

12. Specific performance
A decree of the court directing that the contract shall be performed specifically ie. according to the original terms agreed by both parties

13. Will be awarded at the discretion of the court in the following circumstances:
Where monetary compensation is inadequate
Where the granting of it would not give plaintiff an unfair advantage over the defd
Cause undue hardship to the defendant

14. Injuctions Equitable order of the court granted at its discretion
It is a ‘Preventive Relief’ as stated under the SRA 1950
Refer to S of SRA 1950

15. Temporary/interlocutory/
Injunctions
Temporary/interlocutory/
interim
Perpetual / permanent
Injunctions that continue until a specified time or until the further order of the court
Issued at any period of a suit regulated by CPL
Granted for preserving the status quo while awaiting the resolution of a legal action
Injunction that be granted by the decree made at the hearing and upon the merits of the suit where the D is perpetually enjoined from the assertion of a right / from the commission of an act which would be contrary to the rights of the P.

16. CONTINUATION…
TEMPORARY
PERMANENT
Before deciding the injunction:
Whether there are serious action to be tried
If it is serious , the Ct then will consider whether P would be adequately compensated by damages
Ct will look at balance of convenience
Case: Mohamed Zainuddin bin Puteh v Yap Chee Seng
Granted by the Ct to prevent the breach of an obligation existing in favor of the applicant; express or by implication
Granted by Ct when the D invades or threatens to invade the P’s right to or enjoyment of property
Case: Neoh Siew Eng & Anor v Asia Pacific Hotels Management Pte Ltd

17. CONT…
Mandatory injunctions – to compel the performance of certain acts which the court is capable of enforcing with a view to prevent the breach complained of
Case: Neoh Siew Eng & Anor v Too Chee Kwang
Restraining order / prohibitory injunction- stopping something from being done
Case: Broome (S’gor) Rubber Plantations v R.H. Whitely