題目

Which of the following statements in relation to damages for breach of contract is correct?

A

In order to claim damages an innocent party is required to take reasonable steps to mitigate their losses

B

Damages are not payable in relation to mental distress

C

Damages to rectify a defect are still payable even if they are wholly disproportionate to the size of the breach

D

Damages in the form of a penalty clause are valid and enforceable

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Chapter6Breachofcontractandremedies

Innocent parties are required to mitigate their losses. Damages are payable in respect of mental distress – although the scope of such payments is limited. Damages that are wholly disproportionate to the breach are not payable (Ruxley Electronics and Construction Ltd v Forsyth 1995). Penalty clauses are void and not enforceable.

多做幾道

Which of the following is a remedy available under the civil law??

A

A fine?

B

?Imprisonment?

C

?Damages

All criminal law cases begin in which of the following courts?

A

The County Court

B

The Magistrate's Court?

C

The Crown Court

The Queen's Bench, Family and Chancery are all division of which court??

A

Crown Court?

B

?Supreme Court?

C

High Court

?Which of the following statements concerning cases brought before a Magistrate's Courts is correct??

A

The case is decided by the Magistrate rather than a jury?

B

Only criminal cases are heard at a Magistrate's Court?

C

Appeals are made directly to the Court of Appeal?

Which of the following offences would only be heard at a Magistrate's Court??

A

An indictable offence?

B

A summary offence?

C

?A 'triable either way' offence?

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