ABSTRACT
Remedies If a contracting party does not properly perform his primary contractual obligations the other party may ‘enforce’ the contract by seeking one or more remedies from the court.
Common Pitfall Don’t be fooled into thinking that this ‘enforcement’ of the contract usually takes the form of a remedy compelling the party in default to perform the contract: in fact such an order (called ‘specifi c performance’) is very unusual in general contract law cases. In typical contract cases the remedy sought and awarded will be a money remedy rather than such a performance remedy. The money remedy can take the form of either an order that the party in default must pay the unpaid sum due (called a ‘debt action’) or of an order that the party in default pays compensation (called ‘damages’) to the innocent party for the contractual losses caused by his breach of contract.
