ABSTRACT

An important thing to bear in mind when considering the available remedies is that the right to sue for breach of contract does not go on indefinitely. The failure to pay on demand constituting the breach thus occurred only two and a half years before the court action and the Limitation Act had no application. The equitable doctrine of laches also applies to equitable remedies. Generally, damages assessed at the time of the breach, which the time performance is due. The parties may agree on the sum to be payable in the event of a breach. If the sum so fixed is a genuine pre-estimate of loss, it accepted by the court and awarded as 'liquidated damages'. Damages not are an adequate remedy where the subject matter of the contract is unique, and this includes all contracts for the sale of land.