Remedies

There will inevitably be times when one party to the contract does not perform his side of the bargain, i.e. where he is in breach of his contractual duties under the contract. It is therefore necessary to examine the redress that the injured party may seek. In other words, we are looking at the remedies that the injured party may claim in respect of breach by the other party. There are remedies available both at Common Law and in Equity. The student should remember that a Common Law remedy will be available ‘as of right’, the injured party will be entitled to his Common Law remedy if he can prove that there was a contract and that the other party is in breach thereof. Equitable remedies, however, are available at the discretion of the court. The student must not forget that Equity is applied where it is just and fair to do so in all the circumstances. Therefore, even though the injured party may prove his claim, the court may decide that in all the circumstances it would not be fair to award an Equitable remedy and hence a Common Law remedy will be applied instead. The remedies available for breach of contract are, of course, an important part of any commercial life and the student should ensure that he understands the application of these remedies thoroughly. Common Law Remedies are basically those of a money award.  The injured party is compensated in money for the loss he has suffered due to the other party’s breach of contract. The main money remedy available at Common Law is called ‘damages’.