RAC Law Blog

  This article focuses on the remedies available in English Courts where a breach of contract occurs.  A breach of contract occurs when a party fails to fulfill the terms of a contract to which they previously agreed without lawful excuse.  In order to access the remedies available the affected party must satisfy the following : There is a valid existing contract Failure of performance of the contract  The innocent party has sustained injuries as a result of the breach  Remedies for Breach of Contract The primary remedies for breach of contract are:  1.  Damages ; 2.  Specific Performance ; 3.  Rescission 1. Damages Where a contract has been breached, the 'innocent' party ( innocent party meaning the person who has been negatively affected by the breach) has a right to damages as a form of remedy.  In instances where loss cannot be proved, nominal damages may be claimed.  The court is particularly interested in seeing that the claim...

This article will focus on the elements which form a valid contract. The aim of this article is to give readers a deeper understanding of what constitutes a contract by exploring case law and its application.  What Constitutes a Contract? A contract is an agreement with specific terms between parties, creating mutual obligations that are enforceable by law. In order for a contract to be enforceable by law, it must be mutually agreed upon, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.  The agreement can be either oral or written between two or more parties which creates a legal obligation.  It is well established in English Law that a basic contract must comprise four key components: - Offer -Acceptance -Consideration -Intention to create legal relations To further explain -  - An Offer  is a promise to do something or refrain from doing something in exchange for something else.  An offer must contain some essenti...