Remedies for Breach

What are Remedies for Breach in Contract Law?

Quick Definition

Remedies for breach of contract are the legal responses available to an innocent party when the other side fails to perform their contractual obligations. They are designed to protect expectations, compensate loss, or enforce performance. The main remedies include damages, specific performance, injunctions, and rescission.

In Context

When a contract is breached, courts usually start with damages, which aim to put the innocent party in the position they would have been in had the contract been properly performed. In some situations, such as unique goods or land, damages may be inadequate, so courts may order specific performance to compel completion of the contract. Injunctions can also be used to prevent a party from doing something that would breach the agreement. In Beswick v Beswick, for example, specific performance was granted to ensure contractual obligations were fulfilled. The availability of each remedy depends on fairness, practicality, and whether money alone can adequately compensate the loss.

See Also

• Breach of Contract

• Damages

• Specific Performance

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