Explain five remedies to breach of contract. (10 marks)June/July 2020

There are several remedies that may be available to a party who has suffered a breach of contract. Some of the most common remedies include:

1. Damages: A party may be entitled to monetary damages as a result of a breach of contract. These damages may be intended to compensate the non-breaching party for any losses or injuries they suffered as a result of the breach.
2. Specific performance: In some cases, a court may order the breaching party to fulfill their obligations under the contract. This is known as an order of specific performance.
3. Injunction: A court may also issue an injunction, which is a court order requiring the breaching party to stop certain actions or to take certain steps to remedy the breach.
4. Termination: If a breach is serious or irreparable, the non-breaching party may have the right to terminate the contract.
5. Restitution: In some cases, the non-breaching party may be entitled to restitution, which is a payment to compensate them for any expenses they incurred in reliance on the contract.
6. Reformation: If the terms of a contract are unclear or ambiguous, a court may order the contract to be “reformed” to reflect the parties’ true intentions.
7. Rescission: If a contract was formed under circumstances of fraud, duress, or misrepresentation, a court may allow the non-breaching party to “rescind” (cancel) the contract.