Tok v Rashazar

• 1. Contract
  2. › Remedies
  3. › Damages
  4. › Measure of damages
  5. › Contract for sale of shares
  6. › Assessment by reference to lost expenditure
  7. › Where breach results in uncertainty or difficulty of proof of loss
  8. › Whether error in primary judge's approach
• 1. Contract
  2. › Remedies
  3. › Damages
  4. › Time of assessment
  5. › Where purchase price paid but shares not transferred
  6. › Where respondents unaware shares not transferred
  7. › Whether error in assessing damages by reference to events after breach
• 1. Restitution
  2. › Ineffective transactions
  3. › General principles
  4. › Restitution of money paid
  5. › Failure of consideration
  6. › Where parties' relationship governed by valid contract
  7. › Subsidiarity principle
  8. › Whether restitutionary claim undermined parties' allocation of risk
• 1. Restitution
  2. › Unjust enrichment
  3. › Mistake of fact
  4. › Payments made under mistaken belief as to shareholding
  5. › Whether payments made on basis of mistaken belief
  6. › Whether cash payments in fact made

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