Equitable remedies in contractual disputes

While the primary remedy for contractual breach is that of Damages (see Practice Note: Contractual damages—General Principles and related content), there are occasions in contractual Disputes (particularly those where the contract has not, or perhaps not as yet, been breached) where damages may not be available or the most appropriate remedy. In such instances there are a number of equitable remedies which the court has a discretion to order. These include:

1. • specific performance of outstanding obligations under the contract
2. • declaratory relief, for example, as to the meaning of a particular provision in a contract
3. • Injunctive relief (whether interim or final) either compelling a party in breach/about to breach the contract to do or abstain from doing something
4. • rectification of a contract or deed
5. • rescission of a contract or deed

Where damages for breach of contract are sought they are usually sought and, where awarded, awarded on the basis of the accepted compensatory aim of contractual damages, ie to put the innocent party in the position as if the contract had not