An Introduction to Financial Remedies for Breach of Contract (Part 3)
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The aim of this course is to show why the primary remedy for any breach of contract is an award of damages. It explores the normal mechanisms for claiming general damages for breach, and details how some contracts include provisions for liquidated damages, sometimes called LADs.
After studying this course, you should be able to:-
1. List the situations in which a quantum meruit claim is most likely to arise in the construction context
2. Explain the extent to which an Employer may refuse to meet a Contractor's claim for payment, on the ground that the Employer has some cross-claim against the Contractor which would reduce or even cancel out what is owed, and in particular the three separate defences that may arise in this situation.
3. Outline the legal background, the counter-claims, the set-off and abatement, the certified sums and the procedural requirements.