BCL – L1 – Q29 – Damages

(a). What are the rules relating to the award of damages?

(b). Identify four (4) equitable remedies.

(c). Describe the terms Undue Influence, Unconscionability, Duress.

(a). The general rule is that damages must be directly related to the breach, that is, they must not be too remote. Damages are awarded if there are proximate causes and not by an event that is too remote.

Liquidated damages must not be fixed at an excessive amount but must be a genuine estimate of the probable value of the loss.

The damages must compensate in terms of money for the loss sustained by the injured party.

(b). Claim on a ‘Quantum Meruit’.

Rectification.

Injunction.

Sue for specific performance.

(c). Undue influence arises where a person uses the influence which he holds over a person to get them to do things to their benefit. It exists where a contract has been entered as a result of pressure which falls short of amounting to duress.

In law, unconscionable contract is one that is unjust or extremely one-sided in favour of the person who has the superior bargaining power.

Duress is used to refer to situations in which unlawful and illegitimate pressure is exerted on a person through the use of actual or threatened violence against him physically or against persons for whom he is legally responsible for their protection.