- 10 Marks
Question
Christy had contracted ABANDAB Photo Studios to cover her wedding photography and made full payment for the services. However, on the day of the wedding, ABANDAB Photo Studios failed to turn up. Christy had to engage another photographer. She has come to you for advice on the remedies available to a person who is a victim of breach of contract.
Required:
State FIVE remedies available for breach of contract and identify the ONE that suits Christy’s situation and why.
Answer
- Damages: The injured party can claim monetary compensation for any losses incurred due to the breach.
- Specific Performance: The court may order the breaching party to fulfill their obligations as per the contract.
- Injunction: The court may issue an order to prevent a party from doing something that breaches the contract.
- Rescission: The contract can be terminated, and both parties are restored to their original positions as if the contract never existed.
- Restitution: The party in breach may be ordered to return any benefit received under the contract.
Applicable Remedy to Christy’s Situation:
The most suitable remedy for Christy is Damages. Since ABANDAB Photo Studios failed to provide the photography services for her wedding, Christy had to hire another photographer, and therefore, she is entitled to claim compensation for any extra costs incurred due to the breach.
- Tags: Breach of Contract, Remedies, Wedding Photography
- Level: Level 1
- Topic: Law of Contract
- Series: MAY 2022
- Uploader: Kwame Aikins