Topic 6 : Remedies For Breach of Contract the Remedies Available To the Injured Party Will Depend On the Nature of the Breach Because the Results Will Defer As Between the Parties.
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Topic 6 : Remedies for Breach of Contract The remedies available to the injured party will depend on the nature of the breach because the results will defer as between the parties. 1. Rescission Rescission is available for non-performance and defective performance. It aims to restore the parties to the positions they were in before they entered into the contract. This means, for example, that a person who obtains goods on the basis of a misstatement of fact may only rescind the contract if they are willing and able to restore the goods they received. If this cannot be done, the remedy of rescission is lost. 2. Damages The aim of an action for damages is to enable an innocent party to receive monetary compensation from the party responsible for the breach of contract. Generally, it is to put the injured party in the position that they would have occupied if the contract had...

