Assuming there has been a breach of the terms of the relevant contract, using
the Four Step Process, determine:
1. Whether Justine will be successful in obtaining orders from a court to make
James Scottexhibit his paintings in GMA; and
2. If Justine is unsuccessful in obtaining orders from a court to make James
Scott exhibit his paintings in GMA, what remedies are available for breach of
contract by James Scott? To what extent will James Scott be liable for the
losses claimed by Justine?
NOTE: Students are only required to write one Four Step Process answer to the
above question. The question has been broken down to assist students to focus their
answers in the examination.
Please begin writing your answer below.
Issue
The key issue is to ascertain if there has been a breach of contract between James
Scott and GMA. Also, in wake of this breach, it needs to be determined if Justine can
demand specific performance as a remedy. Further, it needs to be outline, what
other remedies could Scott claim with regards to breach of contract considering the
extent of financial losses that she would occur in case of breach of contract.
Relevant Law
Whenever there is a violation of a condition in the contract, there is a breach of
contract owing to which the innocent party can potentially terminate the contract.
Alternatively, there are a host of remedies available to the innocent party to deal with
the breach. The most common remedy available is that the innocent party can
terminate the contract and claim for damages (Taylor and Taylor, 2015). It is
noticeable that the objective of the damages is to ensure that the innocent party is
put in the same position as would have been the case if the breach of contract would
not have happened. This has been highlighted in Radford v de Froberville (1978) 1
All ER 33 (Paterson, Robertson and Duke, 2015).
The damages awarded to the innocent party would comprise of the direct loss and
consequential loss. As indicated in Hadley v Baxendale (1854) 2 CLR 517, damages
for consequential loss would be given only when the guilty party was aware of these
losses at the time of contract enactment. If the damages are not considered
sufficient by the honorable court, then equitable remedies such as specific
performance would be considered (Carter, 2012). Specific performance as a remedy
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Curtin Law School Assignment Report

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