ABSTRACT

This chapter is the first of two on remedies. The main objective of the first chapter is to provide an insight into the remedy of damages and to look at quantification of damages where a breach of contract has occurred. The rules governing discharge of contract by breach were discussed in an earlier chapter, and it is now time to look at the remedies available where an innocent party has been the subject of a breach. The remedies available for breach of contract can be categorised into three areas:

common law remedy of damages

equitable remedies, including specific performance and injunction

restitution.

This chapter will primarily address the types of damages available and the heads under which damages will/will not be considered where a breach of contract has occurred. The other, non-damages, remedies will be looked at in the next chapter.