ABSTRACT

The main remedies for breach of contract in the law of England and Wales are damages and, to a lesser extent, specific performance. The aim of contractual damages is, generally, to put the innocent party, so far as money can, into the position it would have been in had the contract been performed. There are two further main limitations on the amount of damages that can be recovered for a breach of contract, namely the rules on remoteness and the requirement of mitigation. ‘Restitution’ in relation to remedies for breach of contract may refer to the return of money paid under a contract following, and as a corollary of, termination for a repudiatory breach. In some situations, the courts may be prepared to grant an injunction restraining a person from acting in a way that would amount to a breach of contract.