ABSTRACT

There are three principal remedies for breach of contract: (1) damages; (2) a decree of specific performance; and (3) an injunction.

Damages is the common law remedy for breach of contract. It consists of a payment of money. The purpose of damages in the law of contract is to put the injured party in the position he would have been in if the contract had been carried out. If the breach is minor, only damages will be awarded. If the breach is more serious, then the innocent party can repudiate the contract and claim damages. When awarding damages, the court has to consider what consequences are to be compensated and how damages are to be quantified. The primary purpose of contract damages is to put the injured party in the financial position he would have been in had the contract been properly performed. Two steps are necessary to achieve this. First, it must be asked whether or not the loss is too remote for damages in respect of the loss to be recoverable. Then, if the loss is not too remote, damages must be quantified.