BLAW10001 Lecture 7: Lecture Notes #7
15 May 2018
School
Department
Course
Professor
Principles of Business Law
• Lecture 1
• Week 7
• Remedies for breach of contract
• Contracts are ordinarily charged by voluntary performance
• Common law remedies
o Damages to compensate for loss
o Terminating the contract
• Equitable remedies
o Specific performance
o Injunctions
• Agreed remedies
o Agreed terms of the contract regarding remedies
• Choosing a remedy
• The party suing is entitled to specift what particular relief they want
o Such as terminating performance and also claiming damages
• Sometimes plaintiff asks for alternative remedies
o Eg. Specific performance, or if the judge is not willing to grant this, then
argue in the alternative remedies available
• Nature of the performance owed may affect the remedies available
o Pefoae is a oeoff eet, suh as delieig a particular thing that has
been bought and sold
o Performance is agreed to take place on a number of occasions over a period
of time
▪ When services of a particular type are to be performed each month
for a year
• Damages for breach of contract
• Ae odiay eedy fo eah of otat
o Consists of an award of money to be paid by the defendant to the plaintiff
• Damages for breach of contract are not intended to be puntivive;
• Are compensatory for a loss suffered by the plaintiff because of the
defedats reach of contract
o plaitiffs fiaial positio is ose afte the eah tha it ould hae ee
had the contract been performed, there is a loss
▪ damages aim to put the plaintiff in the same position had been
properly performed
• Case studies
• Radford v de Froberville
• Issue: appropriate measure of damages
o Damages equal to the cost of building the wall were awarded
o The objective is to put the innocent party in the position they would have
been in had the breach not occurred
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