There are a different breach of contract remedies and the most common remedy for a breach of contract is compensation for the losses arising out of the breach, or, to use the English term, “damages”. In most, if not all, jurisdictions, this remedy is available by law and it is not necessary to make express provision for it in the contract itself.
It is also possible for a contract to make provision for other remedies in the event of breach. An example of this is the right to terminate a contract for breach (see China Business Law Journal volume 2 issue 1, page 58: When a contract comes to an end).
Another contractual remedy that is recognised in many jurisdictions is an “indemnity”.
You must be a subscribersubscriber to read this content, please subscribesubscribe today.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章,欢迎成为我们的订阅会员。
Andrew Godwin
A former partner of Linklaters Shanghai, Andrew Godwin teaches law at Melbourne Law School in Australia, where he is an associate director of its Asian Law Centre. Andrew’s new book is a compilation of China Business Law Journal’s popular Lexicon series, entitled China Lexicon: Defining and translating legal terms. The book is published by Vantage Asia and available at law.asia.