ABSTRACT
As discussed in Chapter 18, a breach of contract may amount to a repudiation, which justifies the innocent party in treating the contract as at an end. If the innocent party has suffered loss, he or she may also claim damages by way of compensation for not getting what he or she bargained for. In some cases, the breach will not justify treating the contract as at an end, but may still entitle the innocent party to claim damages in respect of any loss. Equitable remedies may also be available and these may be of particular assistance where damages will not provide adequate compensation. Within certain boundaries, the parties are free to choose between the available remedies. Which remedy will be most appropriate in any given case depends on the type of contract and the nature of the breach. It may also depend on the innocent party’s conduct, particularly where an equitable remedy is sought.
