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Summary - Commercial Law IA (cla1501)
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COMMERCIAL LAW CLA1501(Chapter 11: Remedies for Breach of Contract)
THREE Remedies to innocent party
1. Execution of the contract
2. Cancellation of the contract
3. Damages
(Note: claiming damages is not an alternative remedy, but available in both 1 & 2 above)
A breach of contract entitles the aggrieved party to contractual remedy/ies. Remedies = legal means for
protecting the aggrieved party’s contractual rights. the aggrieved party may sue the party in breach of the
contract and may enforce these remedies with assistance of the court.
Breach of Contract
Remedies
1. Execution 2. Cancellation 3. Damages
Primary remedy Supplementary Remedy Additional remedy at
Can be claimed in all or Only used if there is a right disposal of aggrieved
to cancellation.
& party regardless of claim
contracts
Cancellation clause in for execution or
contract, innocent party cancellation of contract.
must choose either to
Kind of Court Orders continue or end contract.
Specific Performance Reduced Performance Prohibitory Interdict
Commands contracting party to Certain circumstances may order Prevents other contracting party
render the performance they contracting party to render a from doing what they are not
have undertaken to render reduced performance entitled/ threatening to do & which
they are not entitled to do in terms
of the contract
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