Ultimately, a breach of contract is out of your hands. You can have a well-drawn up deal and keep your end of the bargain, but nothing can prevent the other party from not holding up their end. For situations like these, various breach of contract remedies can be administered.
Breach of contract solicitors know claims can get messy surprisingly quickly, so regardless of the nature of the breach it is crucial that you seek specialist legal advice as soon as possible. This will help you to assess the strength of your case but can also ensure that from the breach of contract remedies available, you pick the right one.
The most common breach of contract remedies are as follows:
Award of damages
The best breach of contract remedies allow the claimant to re-establish the financial situation they were in prior to the breach. The main remedy is therefore award of damages, which can be claimed in various ways. For a more detailed look see our breach of contract damages page. (Sometimes the contract specifies the damages to be paid if a breach occurs. General damages awarded for unquantifiable losses and specific damages awarded for quantifiable losses.)
Another popular option when discussing breach of contract remedies is based on specific performance. A court has the capacity to order a party to carry out an action – usually their contractual obligations. This is an alternative to awarding breach of contract damages that, when applicable, can be used to return a successful claimant to the position they should be in had the contract not been breached.
Another form of remedy is rescission. This is, in effect, the process by which, after a claim is lodged, contractual obligations for both parties are rescinded. Rescission, along with specific performance falls outside of the jurisdiction of the magistrate courts.
If by committing a breach of contract one party made significant financial gains, which they otherwise wouldn’t have, restitution can be used a breach of contract remedy. In this scenario a defendant must transfer the value of these gains to the claimant, as such that the breach of contract no longer maintains a negative effect on the claimant. The focus is on the gains made by the defendant, not the losses made by the claimant.
It is important that from these breach of contract remedies, you achieve the best possible outcome. Annecto Legal specialises in breach of contract claims. When filing such a claim make sure get proper advice from leading breach of contract solicitors on how to give yourself the best possible chance of securing the appropriate justice.
Annecto Legal has access to a network of legal specialists, and considerable experience of funding breach of contract claims. For more information visit our breach of contract solicitors page, or contact one of our litigation advisors.