(a) The first element to be considered relates to the ‘quantum of damages’ that can be claimed by the party who suffered as a result of the breach of contract.
4–5 marks
Full treatment of the issue of measure of damages together with supporting examples or cases. The actual outcome is not required to be as in the answer, as long as the answer considers all the points.
2–3 marks
Fair analysis and treatment of the legal implications of the scenario, but perhaps lacking in detail or application.
0–1 mark
Little, if any, knowledge or application of the appropriate legal principles.
(b) The second aspect of the problem scenario relates to the issue of ‘liquidated damages’ and the validity of such procedures to predetermine the extent of any damages following from a breach of the underlying agreement.
4–5 marks
Full treatment of the issue of liquidated damages together with supporting examples or cases. The actual outcome is certainly not required to be as in the answer, as long as the answer considers all the points.
2–3 marks
Fair analysis and treatment of the legal implications of the scenario, but perhaps lacking in detail or application.
0–1 mark
Little, if any, knowledge or application of the appropriate legal principles.