Nobody’s fault
If a contract is breached, one party is to blame for the loss to the other.
Sometimes, however, something arises which prevents performance, which
really is nobody’s fault. An example could be a flash-flood preventing the
holding of an outdoor event, such as a barbecue. Clearly neither party can
control the extremes of weather, and the contract would be said to be
frustrated, rather than breached.The role of the court would then be to
apportion any loss in a fair way.
Remedies
If a party has suffered from a breach, whether the other intended it or not,
there is a right to a remedy. A common remedy for breach of contract is
compensation in money, known as damages, and this is intended to put
right the defect. Sometimes, however, that is not satisfactory, and so in
some circumstances the contract can be completely ended, or repudiated.
This will be examined in this part of the book, as the sequel to ending the
contract.
210 Contract law