Remedies for Breach of Contract

Question 1

1 - Damages or specific performance

Answer 1

Resist any action brought by the defaulting party either for damages or specific performance

Question 2

2 - Money

Answer 2

Recover any money paid provided there has been a total failure of consideration

Question 3

3 - Damages

Answer 3

Take action against the offending party for damages sustained by the breach

Question 4

4 - Value equivalent to the labour

Answer 4

Take action against the offending party for an amount equivalent to the value of labour performed or goods supplied.

Question 5

If the breach does not entitle one party to end the contract, innocent party may…

Answer 5

• Sue for specific performance
• Sue for an injunction
• Sue for damage

Question 6

Types of damages (There’s 3)

Answer 6

Punitive and nominal damages
Courts will award damages to punish the party even though other party has not suffered actual loss in order to compensate the infringement of its legal rights.

Time limits
Right to sue someone for breach of contract may be lost if:
It is compromised, something in the contract itself which says after a period of time neither party is allowed to sue for breach.

Question 7

Remedies for unjust enrichment:

Answer 7

Restitution
Where a defendant would be unjustly enriched at a plaintiff’s expense