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Remedies for Breach of Contract :pill: : LEGAL SOLUTIONS awarded to a…
Remedies for Breach of Contract :pill: : LEGAL SOLUTIONS awarded to a plaintiff for the defendant's breach of contract
1. Damages
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An order of the court requiring the defendant to pay the plaintiff MONETARY COMPENSATION for the loss/inconvenience suffered as a result of the breach
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TYPES OF DAMAGES
SUBSTANTIAL DAMAGES : Aim of a court award is to restore a plaintiff to his/her position prior to the injury/loss
NOMINAL DAMAGES : Damages awarded when a WRONG has OCCURRED, but NO ACTUAL LOSS was suffered
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3. Injunction
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TYPES OF INJUNCTION
:!:PROHIBITORY INJUCTION
This is an order COMMANDING THE DEFENDANT NOT TO DO SOMETHING. EXAMPLE: not to divulge confidential information obtained in a commercial
:!:MANDATORY INJUNCTION
ORDER THE DEFENDANT TO UNDO SOMETHING HE HAD AGREED NOT TO DO.
EXAMPLE: may include return of property, keeping a gate to a road unlocked, clearing off trees from a right-of-way turning on electricity/heat in an apartment building
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4. Rescission
:star: An order of the court to TERMINATE OR CANCEL A CONTRACT due to the breach or default of the defendant
:star: The purpose of rescission is to RESTORE the PARTIES TO THEIR ORIGINAL STATUS before the contract was made
The PARTY SEEKING RESCISSION MUST be in a position to RESTORE THE BENEFITS he RECEIVED from the other
EXAMPLE: Buyer agreed to buy a piece of land that the seller thought he owned. Later it turns out that the seller does not have title to the property. Rescission would be the proper remedy.
EXAMPLE: Adam booked a cruise holiday with Paradise Tours & made payment in advance. 5 days before cruise, the cruise ship collided. Paradise Tours must refund the payment to Adam under the principle of restitution.
Section 40, Contracts Act 1950 :red_flag:
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