Breach and remedies

Breach and remedies

When preparing or advising upon contract documentation, the commercial lawyer will necessarily consider the impact that a breach, or a potential breach, of the contract might bring. One of the central issues will be to consider what remedies are available to the innocent party in the event of a breach.

Breach of contract

A breach of contract occurs where one or more of the obligations under that contract are not performed precisely as described in the contract by the party who otherwise promised to perform those obligations in accordance with its terms.

Disputes concerning whether a breach of contract has arisen or not are inevitable. No matter the level of care and effort made in drafting a contract, the imperfect and imprecise nature of language set against the multitude of scenarios which can arise in connection with that contract, means there will always be room for difference of opinion on interpretation so that a written contract will rarely be a true reflection of both parties’ intentions. Also, despite the protests of the parties at the start of any relationship, there will be a change in their views on

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