Show Summary Details
Page of

(p. 424) 27. Agreed remedies 

(p. 424) 27. Agreed remedies
Chapter:
(p. 424) 27. Agreed remedies
Author(s):

Paul S Davies

DOI:
10.1093/he/9780198733539.003.0027
Page of

date: 18 December 2017

This chapter focuses on remedies agreed by the parties for breach of contact. Parties may wish to include a term in the contract which dictates what should happen in the event of breach of contract. If the term states that a certain amount of damages should be paid upon breach, that term might be valid as a liquidated damages clause or unenforceable as a penalty. If the amount chosen is a genuine pre-estimate of loss, or is ‘commercially justified’, then it is likely to be valid. If the defaulting party had already paid money to the innocent party as a deposit, the innocent party may be able to forfeit that deposit. A term stipulating that specific performance or an injunction will be granted upon breach will not bind the court. However, the court may take into account such a term when deciding whether to exercise its equitable discretion.

Access to the complete content on Law Trove requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access code, please see the information provided with the code or instructions printed within the title for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can't find the answer there, please contact us.