Questions

1. Catherine engaged a firm of solicitors to obtain an injunction to prevent a former male friend from visiting her and making a nuisance of himself. However, as these are considered routine legal matter, an unqualified litigation clerk was given the file to handle and to prepare the injunction. However, as a result of this negligence by the firm of solicitors and the clerk's incompetence, Catherine was still unable to get the injunction and was still being stalked and harassed over an 8-month period due to the delay by the solicitors firm. This delay caused severe distress and embarrassment for Catherine in her daily life. Does Catherine have any legal claim against the firm of solicitors for their negligence in the delay of granting her an injunction and fore her current state of 'mental distress and anxiety'?
2. What is the difference between liquidated and unliquidated damages?
3. Want does the innocent party have to establish in order for a claim in restitution to be successful? Discuss.
4. Briefly explain the meaning of the following terms in respect to remedies for breach of contract: damages; remoteness of damage and mitigation.
5. If the court determines that a plaintiff from the case presented is entitled to monetary compensation for losses sustained as a result of the breach by the plaintiff, what type of damages may be awarded to the successful plaintiff?
6. Should there be statutory limitation periods placed upon injured parties to limit the periods during which legal proceedings may be taken to enforce a right under a contract? Discuss.
7. Explain why it is important to have an understanding of the Limitation Act or Limitation of Actions Act in relation to contracts.
8. Giorgio an elderly Italian, had a very poor understanding of English. When Frank approached him with a document for his signature, Giorgio was under the honest and mistaken belief that what he was signing was only a letter of introduction to his agent, Tony. However, what he actually signed and was totally unaware of, was a lease of his shop premises to Frank for a minimal lease and was not his intention or wanted to do. Frank is now suing Giorgio for specific performance and damages for breach of contract. Advise Giorgio.
9. Why is it considered that there could be an abuse of power in contract situations where there is evidence of fiduciary relationships?
10. Why is the vitiating factor of economic duress difficult to prove by the plaintiff in some cases? Provide an example.