ABSTRACT

The remedies are described as 'equitable remedies'. Damages are available as of right at common law as a result of breach of contract; however, remedies such as specific performance and injunctions are available only at the discretion of the court, and therefore the non-breaching party cannot insist upon them. The purpose of remedies is to compensate the non-breaching party for losses they have incurred as a result of the breach. Remedies are intended to be compensatory in nature. When seeking remedies for breach of contract, there are important time limits to bear in mind, as laid down by the Limitation Act 1980. Equitable remedies are an important aspect of resolving contractual breaches. Equitable remedies, applied at the discretion of the court, are those applied to a situation in order to promote the idea of an equitable or 'fair' solution to the case, where damages are either not available or inadequate to resolve the breach of contract that has occurred.