Remedies for Breach of Contract 2025 - On Demand

Package includes:

On Demand Module  |  Electronic booklet  |  PowerPoint Presentation

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

When bringing or facing a claim for breach or a potential breach of contract, one of the central issues will be what remedies are available and how this might impact your client (either as the innocent party or the party in breach). This module will cover updated similar material to the popular 2023 seminar, and will:

• Consider damages available for breach of contract and how they are assessed, including damages resulting from loss of a chance
• Provide guidance in relation to the enforcement of exclusion and penalty clauses
• Look at the impact of limitation of liability clauses on damages for breach of contract
• Outline equitable remedies available for breach of contract
• Provide guidance on how to obtain the best results for your client when bringing or facing a claim for breach or potential breach of contract.

Learning objectives

By completing this module you will:

• Refresh your knowledge about remedies available for breach of contract and factors to consider in assessing those remedies.
• Receive guidance on how to best advise your clients when bringing or facing a claim for breach or potential breach of contract.

Electronic paper 

Authors: Nina Blomfield, Alice Poole
Published: 17 June 2025
Pages: 38

Introduction

Numerous contracts are entered into every day in New Zealand. However, they are not all performed according to their terms, and some will be breached. Often discussions and negotiations can resolve matters, and sometimes the contract itself will provide a mechanism for managing disputes. But in many cases the difficulties caused by the breach cannot be resolved informally. Therefore, the law provides a range of remedies to enable the aggrieved party to obtain either the performance for which it contracted, or compensation for not receiving it.

In this paper we consider the remedies available from the courts in New Zealand for breach of contract, and how these remedies might impact your client – either as the innocent party or as the party in breach. We do not attempt to provide comprehensive coverage of a subject about which whole textbooks are written but rather map out at a high level the range of remedies and focus on some interesting recent developments. In particular, we address:

• damages, the various measures and contexts in which they may be claimed, and some limiting principles;
• the impact of limitation and exclusion clauses on damages;
• when damages can be sought for consequential loss;
• the enforceability of penalty (liquidated damages) clauses;
• equitable remedies available for breach of contract; and
• practical tips for avoiding or dealing with breaches of contract.

PowerPoint Presentation

These are the slides included in the presentation.