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Equitable Remedies

There are two main equitable remedies for breach of contract

  • specific performance (requiring performance of contractual acts)
  • injunction (requiring a party not to perform an act that would breach the contract)

Both remedies are discretionary; the court is not obliged to award either of them, even where breach is established.

Specific performance

This is an order directing the breaching party to perform the contract in the way specified by the court. It will only be ordered if damages will not provide adequate compensation and will not be awarded in relation to contracts of personal service.

Injunctions

These are orders directing a party not to do something - eg, not to persist with a contractual breach.

Equitable damages

Equitable damages may also be available in some cases

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