ABSTRACT

The primary remedy for any breach of contract is an award of damages. This remedy is always available, unlike the remedy of termination (see Chapter 23) which is only available in cases of serious breach. In addition to the normal mechanisms for claiming general damages for breach, some contracts include provisions for a particular remedy known by various names: liquidated damages, liquidated and ascertained damages or LADs. Liquidated damages are dealt with in the second part of this Chapter.