What remedies can be claimed for breach of contract?
Question by alexhhx: What remedies can be claimed for breach of contract?
If a person A agreed to sell a special picture to B, but one day, the picture was lost without knowledge of any party of the contract. Now B plans to take action against A for breach of contract. What are the remedies that B can claim from A for breach of contract? could it be damages or specific performance?
Anyone willing to help me? i still don’t understand this kind of situation should be in which remedies.
Best answer:
Answer by Eric H
If the picture is lost, there may not be any damages accruing.
It’s called the force majeur defense – an outside force frustrates the fulfillment of the contract. The contract is declared null and void at that point and neither party can claim damages.
The seller has to refund any money the buyer paid, of course, but that’s it.
Specific performance would not apply in this case unless the buyer has evidence that the picture really isn’t lost. Ordering someone to do what he truly cannot do is not an enforceable order.
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