Q1 – 3 are short answer, theory questions.

1. What is the purpose of “rescission”? Why might the innocent party prefer to obtain rescission as a remedy for breach of contract, rather than an order for damages?

2. What is meant by the term ‘damages’?

3. Explain the purpose of restitution. For a claim in restitution to be successful, what does the innocent party have to establish?

Q 4 This question is an applied question and IRAC should be used. It is concerned with damages and, in particular, the measure of damages. There are five steps that must be taken in order
to determine if the injured party will recover damages and, if so, in what amount?

Josephine engaged a firm of solicitors to obtain an injunction to prevent a former male friend from visiting her and making a nuisance of himself. An unqualified litigation clerk was
given the matter to handle, but his incompetence over an 11-month period created further embarrassment for Josephine. Has Josephine any claim against the firm for ‘mental distress and
upset’?
This tutorial is due for submission via Turnitin no later than 1.00pm Friday, 16th December 2016. Referencing is required, both in and end text as necessary. You are not required to research
outside of the text and lecture notes.
Around 2 pages should suffice.