Describe The Remedies Available For Breach of Contract

Categories: Contract
About this essay
About this essay
How can I use this essay sample?
You can use the free samples as references, and sources, and for finding quotes, and citations. They can be helpful to learn about formatting, styles, and different types of essay structures. They're also a great source of inspiration!
Who wrote this sample and why are these essays free?
These samples are written by graduate students who have donated them to us and by our own expert writers. We only accept writing samples from experienced and qualified writers. The essays are free because we want to help all students, regardless of their financial situation. This is why we offer a mix of paid and free services and tools.
Is it plagiarism to use sample essays?
If you use the essay as a whole, then yes. These samples are only examples and someone else's work. You should paraphrase and cite everything you use from sample essays properly.

When signing a contract not only are you agreeing to the terms of this contract you are agreeing to the consequences if breach the contract. There are many remedies available if one of the party’s breaches the contract and if the party who breached the contract doesn’t agree to the consequences then the matter will be taken to court. A breach of contract can be defined as a party failing to perform, precisely and exactly, his obligations under the contract.

However a party can only treat the contract as discharged in three situations:


Renunciation is where a party refuses to perform his obligations under the contract.

Breach of Condition

The second breach occurs where the party has committed a breach of condition.

Fundamental Breach

The third breach is where the party in breach has committed a serious breach of a term in the contract or totally fails to perform the contract. In most cases a breach of contract will result in damages being paid.

Get quality help now
Marrie pro writer
Marrie pro writer
checked Verified writer

Proficient in: Contract

star star star star 5 (204)

“ She followed all my directions. It was really easy to contact her and respond very fast as well. ”

avatar avatar avatar
+84 relevant experts are online
Hire writer

The point of damages is to put the injured party in the same financial position he would have been in had the contract been properly performed. Damages are not always a suitable remedy so sometimes other remedies are put into place e.g. Injunction.


In order for the innocent party to actually get awarded damages they must be able to prove they suffered a loss from the contract not being fulfilled properly. The court has to think about two things when deciding to award someone damages and they are:


For what consequences of the breach is the defendant legally responsible? -The measure of damages
The principles upon which the loss or damage is evaluated or quantified in monetary terms.

Get to Know The Price Estimate For Your Paper
Number of pages
Email Invalid email

By clicking “Check Writers’ Offers”, you agree to our terms of service and privacy policy. We’ll occasionally send you promo and account related email

"You must agree to out terms of services and privacy policy"
Write my paper

You won’t be charged yet!

This can only be determined after the first. If paying damages isn’t sufficient enough then obviously they have to look at other remedies, which include:

  • Specific Performance
  • Injunction

Specific Performance

Specific performance is where the court orders a positive contractual obligation. There are many circumstances where specific performance is not available:

  • Damages provide an adequate remedy.
  • Where the order could cause undue hardship.
  • Where the contract is of such a nature that constant supervision by the court would be required.
  • Where an order of specific performance would be possible against one party to the contract, but not the other.
  • Where the party seeking the order has acted unfairly or unconscionably. He is barred by the maxim ‘He who comes to Equity must come with clean hands’.
  • Where the order is not sought promptly the claimant will be barred by the maxims ‘Delay defeats the Equities’ and ‘Equity assists the vigilant but not the indolent’.  In general the court will only grant specific performance where it would be just and equitable to do so.


An injunction is an order of the court requiring a person to perform a negative obligation. Injunctions fall into two broad categories:

Prohibitory injunction, which is an order that something must not be done.

Mandatory injunction, which is an order that something must be done, for example to pull down a wall which has been erected in breach of contract. Like specific performance it is an equitable remedy and the court exercises its discretion according to the same principles as with specific performance,

Cite this page

Describe The Remedies Available For Breach of Contract. (2016, May 24). Retrieved from

Describe The Remedies Available For Breach of Contract

👋 Hi! I’m your smart assistant Amy!

Don’t know where to start? Type your requirements and I’ll connect you to an academic expert within 3 minutes.

get help with your assignment