Remedies for Breach of Contract
The Court of Appeal has provided a useful practical illustration of the difference between the rescission of a contract and its discharge by breach, and the impact the distinction can have on the amount of damages that a claimant can recover.
The court held that rescission was unavailable when a seller failed to comply with his contractual obligations to lay new, separately metered, electricity and mains water supplies to a property within six months after completion. However, the buyer was entitled to accept the seller’s repudiatory breach and treat the contract as at an end. The buyer was entitled to recover damages for the losses he had suffered as a result of the seller’s breaches, but was not entitled to be put back in the position he would have been in, had the contract never been entered into.
This checklist sets out the main remedies available to your business for breach of contract.