Remedies for Breach of
Remedies for Breach
Recission Restitution Specific
Performance Injunction Quantum
meruit Anton Piller
Common law Equitable
Remedies for breach - rescission
–Does not require the intervention of the court.
–Entitles the injured party to set the contract aside and is only
available for breach of a condition.
–Substantial restoration must be possible as the injured party is
restored to their pre-contractual position.
–The right to rescission is lost if the injured party:
•continues with the transaction;
•fails to act or act within a reasonable time; or
•if an innocent third party acquires an interest in the subject
Remedies for breach - restitution
–Is based on the concept of unjust enrichment
and sometimes referred to as quasi-contract.
–The plaintiff must establish:
•the defendant must obtain a benefit or enrichment;
•the benefit was at the plaintiff’s expense;
•it would be unjust to allow the defendant to keep that benefit
or enrichment (Pavey & Matthews Pty Ltd v. Paul (1987));
•the defendant has no defences to rely upon.