ABSTRACT

A breach of contract can, in some circumstances, create a chain of events resulting in considerable damage, and the question may arise whether the injured party or parties can claim for the whole of the damage sustained. The legal remedy for breach of contract is damages. When no liquidated damages have been detailed in the contract, the employer can still recover damages should the contractor fail to complete on time. Where, under the terms of the contract, one party undertakes its duty for the other, and the other party breaks the contract, the former can sue upon a quantum merit basis; that is, to claim a reasonable price for the work carried out. A breach will occur where the contractor either refuses to remove the defective work or ignores the remedial work required. Specific performance was introduced by the courts for use in those cases where damages would not be an adequate remedy.