ABSTRACT

This chapter is core to any consideration a party must give to the question whether the party can simply walk away from the contract 'the defendant' and the other contracting party 'the claimant'. There are three key questions that the defendant should be considering: Can a claimant get a court order to force the defendant to perform a contract? This is called an order for specific performance? If the defendant cannot be forced to perform, can the claimant get an injunction to prohibit the defendant's plans? Can the claimant claim damages from the defendant? If so, how will those damages be calculated? The chapter considers each of these important three remedies in turn: specific performance; injunctions; and damages. The power to strike down a clause that the parties have agreed to is designed for the sole purpose of providing relief against oppression.