Remedies

Definition: any methods available at law

for the enforcement, protection or
recovery of right for their infringement.
Remedies damages, injunction, specific
performance, quantum meruit.

Innocent party may recover a reasonable

sum for goods or services rendered.
1) Damages
Monetary compensation for loss or injury
by the contract breaker.
The object is not to punish the party in
breach.
The amount of damages can never exceed
the actual loss.

Put the injured party in the same position.

Categories of damages liquidated and
unliquidated damages. General or special
damages.
Definition:
Liquidated damages sum fixed in advance
by the parties to a contract.
Unliquidated damages amount which is
fixed by court.

General damages losses natural

consequence. Loss that is incapable of
precise estimation
Special damages loss can be quantified
e.g loss of earning
Section 74(1)
Section 74(2)
Tham Cheow Teoh v Associated Metal
Smelters Ltd.

Substantial damages actual damage

consist
of pecuniary compensation
Nominal damage small token award
Exemplary damage exceptional
circumstances

2) Specific performance:
Decree of court directing the contract shall
be performed specifically.
Court discreation
When monetary compensation is not
adequate relief

Section 11(1) specific performance may be

granted in the following circumstances:
a) The act agreed to be done is in the
performance of a trust
b) There exist no standard for ascertaining
the actual damage caused by nonperformance
c) non-performance would not provide
adequate relief.

d) Pecuniary compensation cannot be

obtained.
Section 11(2) Specific Relief Act
immoveable property.
Zaibun Sa Binti Syed Ahmad v Loh Koon My

Section 20(1) circumstances when contract

cannot be specifically enforced:
a) money consideration is an adequate relief
b) a contract which runs into minute or
numerous detail
c) personal qualification
d) Requiring supervision by court
e) uncertain terms of contract

f) contract which is in nature revocable

g) contract made by trustees in excess of
power
h) Contract made by private or public
corporation
(i) Performance of a continuous duty
exceeding over a period longer
than 3 years.

(j) Subject matter of the contract ceased to

exist.
2 circumstances where the court should not
enforce contract:
a) Circumstances giving plaintiff unfair
advantage over defendant

b) Performance would involve hardship on

defendant.
Section 22 Specific Relief Act who may
obtain specific performance

3. Injunction:
Preventive relief
Two types of injunctions (section 50):
a) Temporary injunction
b) Perpetual injunction
Temporary injunction:
Interlocutory or interim injunction

Discretion of court
Preserving status quo
American Cyanamid Co. v Ethicon

Perpetual or permanent injunction:

Granted only after full trial
Permanently prohibited from doing the act.

Granting of perpetual injunction:

a) To prevent the breach of an obligation
b) Section 52(3) 5 circumstances where the
court will grant perpetual injunction.
Section 54 lists situations where injunction
cannot be granted by court.

4. Quantum meruit:
The party should be awarded as much as
he had earned
Award reasonable sum
Can also claim party has carried out work
in void contract.