Remedies for Breach of Contract

REMEDIES FOR BREACH OF CONTRACT

Remedies for breach of contract include:

·         Action for price

·         Action for damages

 

Action for price:

Where there has been a breach of a contract of sale, the seller can sue the buyer for the price of the goods.

Action for damages:

Where there has been a breach of a contract, a defaulting party may be asked to pay some money to the other party due to the loss or injury they may have suffered due to none completion of the contractual arrangement.

Other equitable remedies that could be sought may include:

·       Rescission is where both parties to the contract are restored back to the position they were in before they entered into a contract. So, a withdrawal which brings them to the pre-contractual position.

·       Quantum meruit is where the law requires the defaulting party to pay duly for the part of the contract obligation which has been performed to date.

·       Injunction is where the court orders the defaulting party to do or not to do a specific thing. This could be for the person to do or refrain from specific actions which could lead to removing something that is in breach of the contract.

·       Specific performance is where the court orders the defaulting party to positively complete his obligations to the contract.

·       Rectification is where the words of a document is altered due to the fact that it didn’t originally express the true intentions of the parties to the contract, so correcting an error.