Understanding Breach of Contract Damages: Types and Remedies

Understanding Breach of Contract Damages: Types and Remedies

Understanding Breach of Contract Damages: Types and Remedies


Contracts form the backbone of business transactions, legal agreements, and everyday interactions. However, when one party fails to fulfill its obligations under a contract, a breach occurs, leading to potential damages. In this blog post, Real Estate Law Corporation delves into the world of breach of contract damages, exploring the types of damages that can be claimed and the available remedies to compensate the injured party.

Types of Breach of Contract Damages

1.1. Compensatory Damages

Compensatory damages are the most common type of damages awarded in breach of contract cases. They aim to compensate the injured party for the actual financial losses they suffered due to the breach. Key points about compensatory damages include:

Direct Losses: Compensatory damages cover the direct financial losses incurred as a result of the breach. For example, if a supplier fails to deliver goods on time, the buyer may claim damages for any additional costs incurred in purchasing goods from an alternative source at a higher price.
Foreseeability: To be awarded compensatory damages, the losses must have been foreseeable at the time the contract was formed. This means that both parties should have reasonably anticipated the potential consequences of a breach.

1.2. Consequential Damages

Consequential damages, often referred to as special or indirect damages, go beyond the direct losses suffered by the injured party. These damages are awarded when the non-breaching party can demonstrate that they suffered additional losses that were a direct result of the breach. Examples of consequential damages include lost profits, business interruption costs, and reputational damage.

Remedies for Breach of Contract

2.1. Specific Performance

Specific performance is a remedy sought when monetary damages are insufficient to adequately compensate the injured party. It compels the breaching party to fulfill their contractual obligations as specified in the contract. This remedy is typically used in cases involving unique or irreplaceable goods or services. For example, in a real estate contract, specific performance may be sought to force the seller to transfer the property as originally agreed.

2.2. Rescission

Rescission is a remedy that essentially cancels the contract and restores the parties to their pre-contract positions. It is typically sought when a contract was entered into based on fraud, misrepresentation, or duress. Rescission voids the contract and allows both parties to avoid any further obligations under it.

Liquidated Damages

3.1. Definition

Liquidated damages are predetermined, specific amounts of money agreed upon by the parties in the contract that will be paid by the breaching party in the event of a breach. These clauses serve two primary purposes:

Compensation: They provide a straightforward way to calculate damages in the event of a breach.
Deterrence: They can discourage breach by making the potential costs of non-performance clear to both parties.

3.2. Enforceability

While liquidated damages clauses are generally enforceable, courts may deem them unenforceable if they are found to be punitive or unreasonable. To be enforceable, the predetermined damages must be a reasonable estimate of the potential losses suffered by the non-breaching party.

Punitive Damages

4.1. Rare in Contract Law

Punitive damages are typically associated with tort law and are meant to punish the wrongdoer for their actions. In breach of contract cases, punitive damages are rarely awarded. Courts typically view contract disputes as matters of compensation rather than punishment. However, there are exceptions, such as cases involving fraud, malice, or intentional misconduct.

4.2. Standard of Proof

To obtain punitive damages in a breach of contract case, the injured party must meet a higher standard of proof than for compensatory damages. They must show that the breaching party’s conduct was not only a breach of contract but also involved an element of willful wrongdoing or egregious misconduct.

Mitigation of Damages

5.1. Duty to Mitigate

In breach of contract cases, the injured party has a duty to mitigate or minimize their damages. This means taking reasonable steps to limit their losses after the breach occurs. Failure to mitigate damages can reduce the amount of compensation the injured party is entitled to.

5.2. Examples

For instance, if an employee is wrongfully terminated and sues their former employer for lost wages, they have a duty to actively seek new employment to mitigate their financial losses. Similarly, if a buyer breaches a contract to purchase goods, the seller must attempt to resell the goods to mitigate their damages.


Understanding breach of contract damages is essential for anyone involved in contractual agreements. Compensatory and consequential damages aim to make the injured party whole by covering their actual losses. Specific performance and rescission provide remedies beyond monetary compensation when necessary. Liquidated damages and punitive damages are rare but may apply in specific situations. Finally, the duty to mitigate damages reinforces the importance of taking reasonable steps to limit losses in the event of a breach. Consulting with legal professionals is crucial in navigating breach of contract cases to ensure that your rights are protected and you receive the appropriate remedies and compensation.

Whether you’re a property owner, investor, or business owner, Real Estate Law Corporation™ is your trusted partner on the path to legal success. Contact us today to embark on a journey of exceptional legal support. Our team of seasoned attorneys brings decades of experience to every case, demonstrating a profound understanding of real estate law, transactions, litigation, business intricacies, and estate planning. With a proven record of success, our portfolio is adorned with numerous landmark cases that stand as a testament to our dedication, expertise, and commitment to achieving favorable outcomes for our clients.