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What are the five remedies for breach of contract?

By Olivia Norman |

Remedies for Breach of Contract

  • 1] Recession of Contract. When one of the parties to a contract does not fulfil his obligations, then the other party can rescind the contract and refuse the performance of his obligations.
  • 2] Sue for Damages.
  • 3] Sue for Specific Performance.
  • 4] Injunction.
  • 5] Quantum Meruit.

    What are the four types of damages?

    There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

    What are the six remedies for breach of contract?

    There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.

    What are recoverable damages if a claim is in contract?

    If they are foreseeable, both direct and indirect losses are recoverable in principle, but many contracts will seek to exclude liability for indirect or consequential losses, as referenced in our article on excluding liability. What are negotiating (Wrotham Park) damages?

    Can a claim against B be recoverable as damages?

    Such costs are in principle recoverable as damages. For example: once the repair work to the pipe is completed, some employees of A spend time working on the preparation of a claim against B to recover losses caused by the damage to the water pipe. These costs are not recoverable as damages (and are unlikely to be otherwise recoverable).

    When to claim reliance lossesor damages in contract?

    Sometimes, (less commonly) reliance lossesor damages can be claimed e.g. when it is impossible to predict with any certainty the profit that would have been made if there had been no breach of contract. In that case, a claimant may be able to recover wasted expenditure incurred in reliance on performance of the contract.

    How are damages determined in a breach of contract case?

    While a plaintiff in a breach of contract case must specify the damages they are seeking in their complaint, it is ultimately up to the court to decide what type of damages (if any) that a plaintiff should receive.