ABSTRACT
This chapter considers remedies for breach of contract. In recent years there has been considerable debate about the meaning of the word 'remedy'. It considers the few different measures of compensatory damages, and notice how the protection of the performance interest of the contract has been clearly evident in recent decisions. The chapter considers one ground: what the House of Lords described as the 'broad ground'. This is important because it enables a claimant, following a breach of contract, to claim both restitution for unjust enrichment and compensatory damages for the breach of contract. The chapter describes that the principle underlying the availability of each of these remedies is the protection of the parties' bargained-for interest in performance. The introduction of restitutionary remedies to deprive cynical contract breakers of the fruits of their breaches of contract will lead to greater uncertainty in the assessment of damages in commercial and consumer disputes.
