Remedies

Common law remedies

Damages and liquidated claims are the common law remedies available following a breach of contract.

  • Damages are provided as a 'substitute' for performance

  • Liquidated damages arise when a clause in the contract provides for a sum of money to be paid upon breach

Debt arises when payment due under a contract has not been paid.

Equitable Remedies

There are two main equitable remedies for breach of contract.

  • Specific performance is an order directing a party to perform the contract

  • Injunctions are generally orders directing a party not to do something (eg, not to breach contract)

Both remedies are discretionary; unlike common law damages, the court is not obliged to award equitable remedies even where breach is established.

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