Abstract
A breach of contract occurs where a party does not comply with one or more of the terms of contract, or where there is a wrongful repudiation of contract. In each cases there may be a remedy available to the other party. At common law, damages (liquidated or unliquidated) may be claimed or, in a proper case, a quantum meruit. In equity the courts have power to award the decree of specific performance, that is to say, the court may order a defaulter to comply with his contractual promise. This remedy will never be available where damages would be regarded as a satisfactory remedy in the circumstances.
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© 1990 W. T. Major
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Major, W.T. (1990). Breach of Contract and Discharge. In: Basic English Law. Macmillan Professional Masters. Palgrave, London. https://doi.org/10.1007/978-1-349-20588-2_13
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DOI: https://doi.org/10.1007/978-1-349-20588-2_13
Publisher Name: Palgrave, London
Print ISBN: 978-0-333-53251-5
Online ISBN: 978-1-349-20588-2
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