Where a breach of contract has occurred, the parties can seek to:
- resolve the matter between themselves;
- terminate the contract;
- agree for damages to be paid to the innocent party;
- agree for specific performance of the contract to occur.
In the event the parties cannot agree on any course of action, a court application may have to be made. Not all of the above options may be appropriate depending on the circumstances of what has occurred. Depending on the breach, the court can make orders relating to the termination or performance of the contract, or regarding the entitlement to, and quantum of, damages payable to the innocent party.
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