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Construction Law and Management

Page 405 CHAPTER 10 REMEDIES FOR BREACH REMEDIES FOR BREACH Julian Critchlow INTRODUCTION Where one party breaches his legal obligations to another, the injured party may be entitled to any of a number of forms of relief. Often, the parties will agree their own remedies. As to the common law position, the entitlement to damages is prominent. Where the parties are in contract, termination, repudiation, or rescission may also be options. Sometimes, an injunction will be available. The obligation breached may have its foundation in contract, tort, or statutory duty. Even where no obligation has been breached, if one party performs services for another at his request, an entitlement to be paid a reasonable sum is likely to arise. This chapter considers each of the above while concentrating on damages for breach of contract.

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