ABSTRACT
This chapter provides an insight into the remedy of damages and looks at quantification of damages where a breach of contract has occurred. It looks 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; and restitution. The chapter primarily addresses the types of damages available and the heads under which damages will/will not be considered where a breach of contract has occurred. The chapter helps readers to distinguish between the measure of damages in contract and tort, and understand the difference between expectation and reliance measures in quantification of damages. It also helps them to apply the remoteness test in an award for contractual damages and identify the instances in which damages can be awarded for non-pecuniary losses.
