In relation to the law of contract, which of the following statements in relation to damages is correct?
A、Damages are not payable in relation to mental distress
B、Damages to rectify a defect are still payable even if they are wholly disproportionate to the size of the breach
C、An innocent party is required to take reasonable steps to mitigate their losses
D、Damages in the form of a penalty clause are valid and enforceable
A、Damages are not payable in relation to mental distress
B、Damages to rectify a defect are still payable even if they are wholly disproportionate to the size of the breach
C、An innocent party is required to take reasonable steps to mitigate their losses
D、Damages in the form of a penalty clause are valid and enforceable
【参考答案及解析】
Innocent parties are required to mitigate their losses. Damages are payable in respect of mental distress – although the scope of such payments is limited. Damages that are wholly disproportionate to the breach are not payable. Penalty clauses are void and not enforceable.
Innocent parties are required to mitigate their losses. Damages are payable in respect of mental distress – although the scope of such payments is limited. Damages that are wholly disproportionate to the breach are not payable. Penalty clauses are void and not enforceable.