C7: Remedies for Breach of Contract

Question 1

What is a remedy?

Answer 1

A remedy is given to the plaintiff when the defendant breaches a contract; it can be monetary compensation or an order for the enforcement of some right owed to the plaintiff.

(e.g. recession objective is to restore the parties to the position they would have been if the breach had not occurred)

Question 2

IMPT
Equitable Remedies
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What are equitable remedies?

Answer 2

Equitable remedies are non-monetary remedies that exist to fill a gap in contract law used when monetary compensation in the form of damages may not be an adequate remedy.

Question 3

IMPT
Equitable Remedies
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Semo is Specific Performance?

Answer 3

Specific performance is an order given to enforce a positive obligation owed to the plaintiff. It will only be granted if the court decides that damages are inadequate (not effective) or inappropriate remedy.

(only granted when the contract involves land, antiques, vintage cars etc)

Question 4

IMPT
Equitable Remedies
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3 situations where order for specific perf not usually granted are

Answer 4

1. Damages are adequate (effective) remedy
2. Breached contract involves personal services
3. Performance of the contract requires constant supervision of the court

Question 5

IMPT
Equitable Remedies
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what is an injunction?

Answer 5

Injunction is an order of court restraining a person from breaching their contract. It is only granted when it is fair and reasonable and the damages are not an adequate remedy.

(to restrain a defendant form breaching a negative obligation, e.g. seller of biz cannot set up competing biz nearby buyer)