Breach of Contract and Discharge

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.