Which is the remedy under Common Law?

Study for the UBC Real Estate Exam. Access flashcards and multiple choice questions with hints and explanations. Enhance your preparation and ensure success!

Multiple Choice

Which is the remedy under Common Law?

Explanation:
In contract disputes, remedies at law (the ones you get in court for damages) are the standard path, while remedies in equity are different kinds of court orders aimed at forcing or preventing conduct. Damages are the classic remedy at law for a breach of contract—they compensate the injured party to put them roughly in the position they would have been in if the contract had been performed. This is why damages are the typical “common law” remedy. The other options are equitable remedies. Specific performance is a court order requiring actual performance of the contract, which is only appropriate when monetary damages aren’t enough (for example, with unique real estate). An injunction is a court order to restrict or compel actions to prevent harm, also an equity remedy. Quantum meruit, while a related concept (recovering the value of work or services when there’s no enforceable contract), is generally treated as restitution for unjust enrichment rather than the standard contract remedy at law. So the remedy most properly described as under common law for a breach of contract is damages.

In contract disputes, remedies at law (the ones you get in court for damages) are the standard path, while remedies in equity are different kinds of court orders aimed at forcing or preventing conduct. Damages are the classic remedy at law for a breach of contract—they compensate the injured party to put them roughly in the position they would have been in if the contract had been performed. This is why damages are the typical “common law” remedy.

The other options are equitable remedies. Specific performance is a court order requiring actual performance of the contract, which is only appropriate when monetary damages aren’t enough (for example, with unique real estate). An injunction is a court order to restrict or compel actions to prevent harm, also an equity remedy. Quantum meruit, while a related concept (recovering the value of work or services when there’s no enforceable contract), is generally treated as restitution for unjust enrichment rather than the standard contract remedy at law.

So the remedy most properly described as under common law for a breach of contract is damages.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy