Remedies for breach of contract

Some might argue that this final section of the course materials is the most important. Indeed, some contracts casebooks start with remedies rather than with the question of whether there is an agreement. In my view, it is difficult to understand the contours and stakes of the remedies issues without understanding the foundations of contract law, but it is certainly true that remedies questions are central to those drafting and, in particular, litigating contracts.

The two main remedies for breach of contract are money damages and injunctive relief. You have seen references to both throughout these materials. Money damages are often referred to as compensatory damages, and you will see that the law treats compensation differently in the contract context than in the law of tort. As for injunctive relief, that is simply a general term for an order by a court that a party do something or refrain from doing something; with respect to contracts, this order is often termed an order of "specific performance." That is, an order that the party perform as promised under the contract.

This section of the course materials covers the broad contours of both of these forms of relief.