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July 3, 2024
Breach of
Contract
Agenda
• Introduction to Breach of Contract
• Types of Breach of Contract
• Initial and Subsequent Impossibility
• Remedies for Breach of Contract
• General and Special Damages
• Nominal and Exemplary Damages
• Liquidated and Unliquidated Damages
• Quantum Meruit and Injunction
Overview
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Introduction to Breach Customize this slide by adding specific
examples or case studies relevant to
your audience to illustrate the concept
of Contract more vividly.
A breach of contract occurs when one party to a binding
agreement fails to fulfill their obligations as outlined in the contract,
either by not performing on time, in accordance with the terms, or at
all. This non-fulfillment can lead to legal consequences, as the
contract is legally enforceable. The fundamental principle is that the
aggrieved party is entitled to seek remedies to address the breach,
which may include compensation for losses incurred. Breach of
contract disrupts the agreed-upon exchange and undermines the
trust and reliability essential for contractual relationships.
Overview
Plus tip:
Types of Breach of Contract
You can customize the examples
provided to make them more relevant
to your specific industry or context.
Anticipatory Breach Actual Breach
● Occurs before the time fixed for performance. ● Occurs at the time of performance or during the
contract.
● A party indicates they will not fulfill their
obligations. ● A party fails or refuses to perform their
obligations.
● Example: A informs B they won't deliver goods
before the due date. ● Example: A fails to deliver goods to B on the
agreed date.
Impossibility
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Initial and Subsequent Impossibility
Use this slide to clearly differentiate between
impossibility at the start of a contract and
impossibility that arises after the contract has been
made. Add real-world examples relevant to your
audience to make the concepts more relatable.
Initial Impossibility Subsequent/Supervening Impossibility
● An agreement to do an act impossible in itself is ● Performance possible at contract formation but
void and unenforceable. becomes impossible/unlawful later.
● If a contract is impossible to perform from the ● Example: A and B contract to marry each other. A
start, it is considered void. goes mad before the marriage date, making the
contract void.
● Example: A agrees with B to discover treasure by
magic. The agreement is void. ● Such events make the original agreement legally
void.
Remedies
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Remedies for Breach of Contract
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examples specific to your industry or
situation for a more engaging
presentation.
Rescission and Damages Quantum Meruit Specific Performance and
Injunction
Rescission allows the non-breaching Quantum meruit, or 'as much as he Specific performance is a court order
party to cancel the contract and be deserves,' allows a party to recover requiring the breaching party to
released from all obligations. the value of work done when the fulfill their contractual obligations.
Damages involve monetary contract is terminated early by the An injunction prevents a party from
compensation for losses due to the other party. doing something that breaches the
breach. contract.
Plus tip:
Damages You can add more examples specific to
your industry to make it more relatable.
General and Special Damages
General Damages ● Arise naturally and in the normal course of events.
● Apply to proximate (nearby/close) consequences of the breach.
● Do not cover remote or indirect consequences.
● Example: Compensation for a delayed delivery causing a direct loss in business.
Special Damages ● Do not arise naturally out of the breach.
● Recoverable only if contemplated by both parties at contract formation.
● Cover specific, foreseeable losses beyond general damages.
● Example: Compensation for lost profits due to a breach that both parties anticipated.
Plus tip:
Damages Customize the examples to better fit
the context of your specific audience
Nominal and Exemplary Damages
or case studies you have encountered.
Nominal Damages ● Awarded when legal rights are violated but no actual loss is suffered
● Serves to recognize the breach and uphold legal rights
● Example: A landlord sues a tenant for minor lease violations without financial
loss
Exemplary Damages ● Punitive in nature, intended to punish the defendant
● Used to make an example of the defendant's conduct
● Example: Awarded in cases of fraud or gross negligence to deter similar future
conduct
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Damages Customize the examples to match
scenarios relevant to your industry or
Liquidated and Unliquidated Damages
field for better audience engagement.
Liquidated Damages ● Pre-agreed amount specified in the contract.
● Serves as a genuine pre-estimate of probable loss.
● Example: Contract states $500 per day for late delivery.
Unliquidated Damages ● Determined by the court after breach.
● Based on actual loss suffered by the claimant.
● Example: Compensation decided by court for undelivered goods.
Remedies
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Quantum Meruit and Injunction
You can customize the examples to
reflect scenarios relevant to your
industry or specific case studies for
better audience engagement.
Quantum Meruit Injunction
● Quantum meruit means 'as much as he deserved ● An injunction is a court order prohibiting a party from
or earned'. doing a specific act.
● Applicable when a party has partially performed ● Used when a party does something they promised not
but is prevented from completing the contract. to do in the contract.
● Example: An artist agrees to perform exclusively for
● Example: A contractor starts building a house but
one venue but breaches contract to perform elsewhere.
the client cancels the project midway. The
The court can issue an injunction to prevent the artist
contractor can claim payment for the work done. from performing at other venues.
Thank you.
