Remedies

A court will award damages only for loss closely connected with the defendant's breach. For example, in the 1949 English case of Victoria Laundry r.v. Newman Industries, the defendants were five months late in delivering a new boiler for the laundry. The laundry claimed damages first for profits they would probably have made by being able to increase their regular laundry customers if they had had the boiler on time; and second, for profits they might have made if the boiler had enabled them to take on new dyeing contracts. The court decided that the first claim was reasonable but that the second was too remote. Remoteness is an impor tant concept in both contract and tort. ,-, In deciding just how much in damages to aAvard, English and American courts try to put the plaintiff into the same financial posStion that he would have been in if the defendant had carried out the contract

Instead of damages, a plaintiff sometimes esks the court to force the other contractor to carry out the contract. In English leAw this is called specific performance. The court will not agree to do this if it causes fcnardship to the defendant, however, or if it is no longer possible or practical to carry 0ut the contract. Sometimes the court decides to award damages instead ol specific performance, and sometimes it awards both. A plaintiff may also ask the court to a\Arard an injunction against the defendant, that is, to order the defendant not to do> something which would be in breach of contract. Specific performance and injunctions are remedies which were developed by the courts of equity because of inadequacies in the common law courts.

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