QUESTION Analyse Breach of Contract and the Remedies available for the Injured Party.

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Breach of contract is concerned with defective performance of a contract, rather than a defective agreement per se. The focus is on the remedies available to the injured party where there has been a failure to observe one or more of the terms of the contract. Where there is a breach of a material term the injured party has a choice - he may cancel the contract and sue for damages, or he may abide by the contract, sue for specific performance and claim such damages as he has suffered. For example, if Nathan agrees to sell Oscar his Yamaha motorcycle but hands over the Suzuki, Oscar can either: BACHELOR OF COMMERCE 45 COMMERCIAL LAW 201 (a) Cancel the contract and sue Nathan for the expenses incurred in hiring a trailer to collect the motorcycle, or (b) Abide by the contract, insist that he receives the Suzuki and claim for the costs of hiring a trailer on more than one occasion to travel to collect the motorcycle, and his fuel expenses for a wasted journey.