This is “Remedies”, chapter 16 from the book Basics of Product Liability, Sales, and Contracts (v. 1.0). For details on it (including licensing), click here.

For more information on the source of this book, or why it is available for free, please see the project's home page. You can browse or download additional books there. To download a .zip file containing this book to use offline, simply click here.

Has this book helped you? Consider passing it on:
Help Creative Commons
Creative Commons supports free culture from music to education. Their licenses helped make this book available to you.
Help a Public School
DonorsChoose.org helps people like you help teachers fund their classroom projects, from art supplies to books to calculators.

Chapter 16 Remedies

Learning Objectives

After reading this chapter, you should understand the following:

  1. The basic theory of contract remedies, and why courts don’t just order the promisor to perform as promised
  2. The interests that are protected by contract remedies
  3. The types of legal remedies
  4. The types of equitable remedies
  5. The limitations on remedies

We come at last to the question of remedies. A valid agreement has been made, the promisor’s duties have not been discharged; he or she has breached the contract. When one party has failed to perform, what are the rights of the parties? Or when the contract has been avoided because of incapacity or misrepresentation and the like, what are the rights of the parties after disaffirmance? These questions form the focus of this chapter. Remedies for breach of contracts for the sale of goods will be considered separately, in Chapter 18 "Title and Risk of Loss".