There are two main types of remedies for breach of contract: common law remedies and statutory remedies.
Common law remedies
Common law remedies are remedies that have been developed by the courts over time. The most common law remedy for breach of contract is damages.
Damages are a monetary award that is intended to compensate the innocent party for the losses they have suffered as a result of the breach of contract. Damages can be awarded for a variety of losses, including:
Economic losses, such as lost profits and expenses incurred as a result of the breach.
Non-economic losses, such as pain and suffering and mental distress.
In addition to damages, the courts may also award other common law remedies for breach of contract, such as:
- Specific performance: This remedy orders the breaching party to perform their obligations under the contract.
- Injunction: This remedy orders the breaching party to stop doing something that is in breach of the contract.
- Rescission: This remedy cancels the contract.
Statutory remedies
Statutory remedies are remedies that are created by statute. These remedies vary depending on the type of contract and the jurisdiction in which the breach of contract occurred.
For example, the Sale of Goods Act (Canada) provides a number of statutory remedies for breach of contract in the sale of goods. These remedies include the right of the innocent party to:
- Rescind the contract
- Accept the goods and sue for damages
- Sue for damages for non-delivery of the goods
Which remedy is available?
The remedy that is available to the innocent party will depend on the specific circumstances of the case. The courts will consider a variety of factors, such as the nature of the breach, the severity of the breach, and the availability of other remedies.
How can a Canadian lawyer help you with breach of contract?
A Canadian business contracts lawyer can help you with all aspects of breach of contract, including:
- Advising you on your legal rights and options
- Negotiating with the breaching party on your behalf
- Representing you in court if necessary
If you have been the victim of a breach of contract, it is important to consult with a Canadian lawyer to discuss your specific situation and to get help pursuing your legal remedies.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.