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This chapter of our contract law lecture covers remedies for a breach of contract, focusing on the most common and sought after remedy - damages.
Aggravated damages. Victim has two types of remedies: extra-judicial remedies and judicial remedies. Extra-judicial remedies: remedies obtained by way of self-help, where the aggrieved party need not resort to judicial proceedings in order to assert his right.
The primary remedies for breach of contract are: Termination of the contract. Damages. Injunctions. Specific performance. The parties can also agree to reduce, expand or change the remedies available for breach of contract with, for example: Conditions Subsequent.
What is a Breach of Contract? A contract breach results from a party failing to meet their obligations or fulfil their duties as stated in a legally binding agreement. The other party may take legal action to recover damages or enforce the agreement’s terms.
The difference between general damages and special damages is that the former is initially quantified by the person making the claim, while the latter is assessed by the court. COURT cases relating to civil claims usually involve a claim for damages.
Once a case has been made by a claimant and the defendant’s case defeated, the court will decide on an appropriate remedy to apply to the problem at hand. Remedies come in two primary forms: damages and injunctions.
May 27, 2024 · Damages, specific performance, and injunctions are common remedies, while rescission and restitution offer an avenue for contract cancellation and restitution. Liquidated damages provisions can facilitate efficient dispute resolution, and declaratory relief provides clarity on contractual obligations.
