MGSC30H3 Chapter 14: Chapter 14 Notes
Document Summary
Chapter 14 breach of contract and remedies notes the express or implied refusal to carry out a promise made under a contract is a form of discharge. Types of damages y y y y y y y y y. Breach of contract is the express or implied refusal by one party to carry out a promise made to another in a binding contract. Express or implied repudiation before the date fixed for performance is called anticipatory breach. However, if the party who refused to complete the contract has substantially performed the agreement, the doctrine of substantial performance may apply, and the injured party may only obtain damages for the deficient performance. The remedies available in the case of breach are: (1) monetary damages; (2) specific performance; (3) an injunction; and (4) the quasi- contract remedy of quantum meruit. Specific performance and the injunction are equitable remedies that may be awarded only at the discretion of the court.
