Skip to main content
United States
Jump To
Register or Log In
Register or Log In
Disciplines
Disciplines
Accounting
arrow_forward
Anthropology
arrow_forward
Art and Architecture
arrow_forward
Biology and Life Sciences
arrow_forward
Business/Marketing
arrow_forward
Chemistry
arrow_forward
Classical Studies
arrow_forward
Communication, Media Studies, & Journalism
arrow_forward
Criminal Justice/Criminology
arrow_forward
Earth and Environmental Science
arrow_forward
Economics
arrow_forward
Education
arrow_forward
Engineering
arrow_forward
English
arrow_forward
Finance
arrow_forward
Geography
arrow_forward
Health Sciences and Nursing
arrow_forward
History
arrow_forward
Law
arrow_forward
Music
arrow_forward
Neuroscience
arrow_forward
Philosophy
arrow_forward
Physics
arrow_forward
Political Science/Politics
arrow_forward
Psychology
arrow_forward
Religion
arrow_forward
Social Work
arrow_forward
Sociology
arrow_forward
Women's, Gender & Sexuality Studies
arrow_forward
Instructors
Students
Integration
Contact Us
Back to top
Return to JC Smith's The Law of Contract, 3e Student Resources
Chapter 29 Self-test questions
Remedies beyond compensatory damages
Quiz Content
*
not completed
.
Which of the statements given about accounts of profits is true?
Accounts of profits are awarded more often than compensatory damages.
correct
incorrect
Accounts of profits are awarded as often as compensatory damages.
correct
incorrect
Accounts of profits will be awarded only in exceptional circumstances.
correct
incorrect
Accounts of profits are never awarded.
correct
incorrect
*
not completed
.
Will an account of profits be readily granted where the breaching party did so deliberately?
Yes.
correct
incorrect
No.
correct
incorrect
*
not completed
.
What distinguishes accounts of profits from compensatory damages?
Accounts of profits emphasise stripping the defendant of gains made, rather than compensating the claimant.
correct
incorrect
Accounts of profits emphasise the losses suffered of the claimant, rather than the gains of the defendant.
correct
incorrect
Accounts of profits are mandatory remedies, compensatory damages are optional.
correct
incorrect
There is nothing to distinguish the remedies.
correct
incorrect
*
not completed
.
What distinguishes 'consideration' in the contractual sense from 'consideration' in the unjust enrichment sense?
The meanings are identical.
correct
incorrect
The unjust enrichment meaning is the 'basis' or reason for the transaction.
correct
incorrect
The unjust enrichment meaning is the payment made in return for a service.
correct
incorrect
The unjust enrichment meaning requires the party transferring property to think seriously before doing so.
correct
incorrect
*
not completed
.
In which of the circumstances given will
A
be able to sue
B
in unjust enrichment?
B
has breached the parties' contract.
correct
incorrect
A
has paid money to
B
and received nothing in return.
correct
incorrect
B
has refused to perform their end of the bargain, so
A
refuses to pay
B
any money.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
When will the cause of action for total failure of consideration be advantageous when the claimant also has a remedy for breach of contract?
In all cases.
correct
incorrect
Where the claimant is insolvent.
correct
incorrect
Where the defendant is insolvent.
correct
incorrect
Where the claimant has made a bad bargain.
correct
incorrect
*
not completed
.
Is it true to say that English law has traditionally been open to awarding punitive damages for breach of contract?
Yes.
correct
incorrect
No.
correct
incorrect
*
not completed
.
For which types of claim are punitive damages now available?
Tortious claims.
correct
incorrect
Breach of contract claims.
correct
incorrect
Unjust enrichment claims.
correct
incorrect
All of the options given are correct.
correct
incorrect
*
not completed
.
Even though
AG v Blake
opens the door to punitive damages for breach of contract, why might this not be followed?
Blake
has rarely been applied.
correct
incorrect
Disgorgement of gains is not usually considered to be a punitive measure.
correct
incorrect
Both of the options given are correct.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
When might a claimant recover nominal damages?
Where the breach of contract is only discovered at a much later date.
correct
incorrect
Where the defendant is not blameworthy.
correct
incorrect
Where the claimant has suffered no loss.
correct
incorrect
Nominal damages are not recognised in English law.
correct
incorrect
*
not completed
.
Which type of breach of contract may entitle a claimant to nominal damages?
Any breach of contract.
correct
incorrect
Only breaches of goods contracts.
correct
incorrect
Only breaches of commercial contracts.
correct
incorrect
Never.
correct
incorrect
*
not completed
.
Why are nominal damages rarely awarded?
A claimant could seek a declaration that their rights have been infringed.
correct
incorrect
Obtaining nominal damages involves a more cumbersome process than compensatory damages.
correct
incorrect
Only certain types of claim entitle the claimant to damages.
correct
incorrect
All of the options given are correct.
correct
incorrect
*
not completed
.
What happens if a person fails to comply with an order for specific performance?
They will instead be liable in compensatory damages.
correct
incorrect
They will instead be liable in punitive damages.
correct
incorrect
They will be in contempt of court.
correct
incorrect
Their property will be embargoed.
correct
incorrect
*
not completed
.
Why was Lord Hoffmann in
Argyll Stores
reluctant to allow specific performance for the carrying on of a business?
It would require the constant supervision of the court.
correct
incorrect
The loss to the defendant by running a business for a long time may be more than the loss suffered by the claimant for the breach.
correct
incorrect
It limits the freedom of action of the defendant.
correct
incorrect
All of the reasons given are correct.
correct
incorrect
*
not completed
.
How has the Consumer Rights Act 2015 altered the general law on specific performance?
It gives the right for a consumer to insist that any consumer contracts are performed.
correct
incorrect
It allows businesses to compel consumers to conclude particular contracts.
correct
incorrect
It gives the consumer a right to enforce a term of the contract that the goods be of a satisfactory quality.
correct
incorrect
It prevents consumers from insisting on particular methods of performance.
correct
incorrect
*
not completed
.
What is the difference between a prohibitory and a mandatory injunction?
Prohibitory injunctions prevent a person from doing something; mandatory injunctions oblige them do something.
correct
incorrect
Mandatory injunctions prevent a person from doing something; prohibitory injunctions oblige them do something.
correct
incorrect
Mandatory injunctions are required in all cases; prohibitory injunctions are unlawful.
correct
incorrect
There is no substantive difference between the categories.
correct
incorrect
*
not completed
.
The award of a prohibitory injunction is automatic. True or false?
True.
correct
incorrect
False.
correct
incorrect
*
not completed
.
Will a limitation clause be able to side-line equitable relief?
Yes, the parties' freedom of contract is absolute.
correct
incorrect
Yes, provided the limitation is reasonable.
correct
incorrect
Yes, provided the limitation is not inequitable.
correct
incorrect
No, the equitable jurisdiction of the court cannot be set aside.
correct
incorrect
*
not completed
.
How do damages in lieu of an injunction differ from common law damages?
Damages in lieu of an injunction are often much more generous than common law damages.
correct
incorrect
The cause of action does not have to have accrued for damages in lieu of an injunction, although the wrong should be anticipated.
correct
incorrect
There is no requirement for breach of contract, or the threat of it.
correct
incorrect
There is no distinction.
correct
incorrect
*
not completed
.
According to Lord Reed in
Morris-Garner v One Step (Support) Ltd
, when should damages in lieu of an injunction be awarded?
Whenever the court deems it fit.
correct
incorrect
Only where the claimant has applied for an injunction.
correct
incorrect
Whenever the circumstances are such that an injunction would be inappropriate.
correct
incorrect
Damages in lieu of an injunction should never be awarded.
correct
incorrect
Exit Quiz
Next Question
Review & Submit
Submit Quiz
Reset
Are you sure?
You have some unanswered questions. Do you really want to submit?
Printed from , all rights reserved. © Oxford University Press, 2023
Select your Country
×