Commercial Litigation: The consequences of breach of contract
The law on remedies for breach of contract is technical and complex, built mainly from legal precedent. This Report aims to provide advice, guidance and remedies for those who deal directly with contracts and contractual problems (in businesses and other organisations) as well as for those whose work is affected by the contents of a contract. It is relevant for drafting and negotiating contract terms as well as for problems arising from performance of the contract.
Who should read this Report?
- In-house Lawyers
- Commercial and Contract Directors
- Litigation Practitioners
- Practitioners bringing and defending claims, and those drafting and negotiating contracts.
- Contract breach and remedy
- Contract or tort
2 Alternatives to litigation for breach of contract
- Contractual alternatives to litigation
- Procedural alternatives to litigation
3 Basic principles
- Repudiatory breach
- Anticipatory breach
- Risks for the innocent party
- Contractual right of termination
- Basis for damages
- Objective of damages
- Loss or damage suffered
- Public policy
- Foreseeability of loss
- Expectation loss
- Reliance loss
4 Measuring damages
- Compensation as if the contract had been performed
- Intervening events
- Consequential loss or damage
- Time for assessment
- The rule against double counting
- Foreign currency
- Deposits and part payments
- Liquidated damages
- Contributory negligence
5 Specific kinds of awards
- Loss of a chance
- Disappointment or mental distress
- Loss of amenity
6 Other remedies
- Claim for an agreed sum
- Equitable remedies
- Specific performance
- Declaratory judgment
- Account of profits
Originally an IT professional, after graduating from Exeter University Rachel Burnett worked for large corporate organisations in system development and project management. She then qualified as a solicitor and joined one of the first niche IT law practices.
Rachel is now Head of the IT/IP team and a Partner at Paris Smith LLP solicitors, following several years as a partner in City of London law firms. She has been awarded an Honorary Doctorate in Technology by Southampton Solent University, and is an Associate Lecturer in law with the Open University.
Rachel was President of the British Computer Society 2007-2008. She is a livery
member of the City of London Information Technologists’ Company and a member of the Law Society of England and Wales.
Rachel has authored two other reports for Thorogood: IT Contracts: Effective Negotiating and Drafting and Commercial Contracts: Legal Principles and Drafting Techniques.
Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education.
NB: Solicitors may claim up to 75% (12 hours) of their annual CPD requirement by undertaking distance learning education.
For more information see The Solicitors Regulation Authority
Certificate of completion
Upon reading this publication participants are invited to undertake a final assessment in the form of an on-line multiple choice paper. Upon passing, a certificate of completion will be made available to you, which can be included as part of your CPD requirements should you consider it relevant to your professional development needs.