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 Explain whether Andy can claim damages from Hazelwood Ltd in respect of: 

(i) The damage to his car

 (ii) The injury to his leg 

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28

【论述题】

 State the purposes of awarding damages for breach of contract 

State the duty to mitigate losses

State the level of damages Az Ltd can claim for breach of contract 

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

 Which of the following statements is NOT a lawful excuse for failing to perform contractual obligations? 

A

Actual performance is impossible 

B

Both parties agreed to non-performance 

C

 Performing the contract will cause the party concerned financial hardship 

At which point does anticipatory breach of contract occur? 

A

 At the time performance is due 

B

Before the time performance is due 

C

 After the time performance is due 

Which of the following correctly describes the type of repudiatory breach known as renunciation? 

A

One party states that they have no intention to perform their obligations 

B

One party prevents themselves from performing their obligations 

C

 One party is prevented from performing their obligations by external circumstances 

Which of the following statements concerning the Unfair Contract Terms Act 1977 is correct? 

A

 The Act only applies to business-to-business contracts 

B

 The Act does not apply to terms that have been individually negotiated 

C

 The Act applies to contracts regarding a transfer of an interest in land 

D

 The Act automatically voids all clauses that restrict liability for loss or damage due to negligence 

Which of the following may imply terms into contracts? 

A

 Statute 

B

 Third parties 

C

 The parties to the contract