Rural Law Online A guide to the law for Victorian Primary Producers

Breach of contract

Remedies for breach of contract can be under the common law or equity (explained earlier in the chapter). The most popular remedy for breach of contract is common law remedy for damages. The damages will depend on the basis of whether the condition (major term) of the contract was breached or a warranty (minor term) was breached. Parties can specify in their contract the sum of damages to be on breach (liquidated damages) or mention in their contract that one party will pay a sum of damages (unliquidated damages) upon breach of a contract.

Courts usually prefer to award a payment of damages for a breach of contract and will only rarely order the contract to be specifically performed unless the goods are considered 'unique' and not easily replaceable, such as a contract of sale for a specific piece of land.

Website by CeCC