ABSTRACT
‘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. If such a breach has been accepted, then the claimant may also be entitled to claim the restitution of anything that has been given to the defendant. Third parties who are injured will have to rely on tortious remedies at common law or under the Consumer Protection Act 1987. In relation to the fact that damages will generally only be awarded where the claimant has suffered a quantifiable loss, it is important to note the concept of the ‘efficient breach’. Within the overall principle of compensation, there are two basic methods by which damages may be calculated. These can be conveniently labelled as the ‘expectation’ measure and the ‘reliance’ measure. Some consideration also needs to be given to consequential losses and non-pecuniary losses.
