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INTRODUCTION

Contract is an agreement which is enforceable by law or is the agreement that legally enforceable, as
refer to section 2(1)of LAW OF CONTRACT ACT under any circumstance the contract made by two
parties may be breached where by the breach of contract it means to promisor fail perform the promise
a breaking of the obligation which a contract imposes .it occur when a party to the contract without
lawful excuse does not fulfill has a contractual obligation or his own act make impossible that he should
perform his obligation under it

TYPES OF BREACH OF CONTRACT

1.Actual breach of contract

Here the promisors failure to perform on due time of performance,when a promisor fail or refuse to
perform upon the due date for performance when it is called actual breach of contract for example refer
to the case of O'MEIL V ARMSTRONG [1895]

FACT:A "P" a British subject was engaged by captain of a worship owned by Japanese government is act
of fireman , subsequently when the Japanese government declare war with China "P" was informed that
performance of contract would bring under penalties or the foreign enlistment act the consequently of
the ship

HELD:He was entitled to recover the wages agreed upon

2.Anticipatory breach of contract

It occur when is executory declare his intetion of not performing contract before the performance is due
this can be into two ways either express by word or implied by the conduct ,refer to the case of
HONCHSTER V DE LA TOUR [1853]

FACT:De la tour engaged HONCHSTER on 12th of April to the enter into his service as courier and to
accompany him a tour the employment to commerce on 1st June on 11th may De la tour rate to
HONCHSTER telling that service would no longer be required HONCHSTER immediately brought an
action for damage although the time for performance had not arrived

HELD:He was entitled to do so therefore according to section 73 of the LAW OF CONTRACT ACT explain
the effect of breach of contract as if the contract will be breached the damage should be considered to
the party which has affected the damage can be financial damage (money) restitution

MAIN BODY

There various factors will take into court when awarding damage for breach of contract where there is
no provision for this in the contract therefore the following are those factors

1.Legality of contract
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O'MEIL V ARMSTRONG [1895]
The court will consider the legality of contract if it has enforceable by law or not if the contract has setup
by law the damage or restitution will be take place to the vidim as explained to section 73 of the LAW OF
CONTRACT ACT also refer to the case of PLAINTIFF SIS7 V COMMON WEALTH [2002]

"The high court applied the principle of legality to narrow is interprete a private attempted to statutory
provision which attempted to prevent the court from reviewing the lawfulness of the executive acts and
decision

2.contractual loss or suffers loss

As the court will consider the loss which one party has brought due to the breach of contract as if the
provisor has set a loss the promisee has affected or get loss should be recovered as refer to section 73 of
the LAW OF CONTRACT ACT also refer to the case of CHAPLIN V HICKS [1911] 2KB 786

FACT:The claimants was finales in competition along with fifty other people the prise was a job as a
address each finalist was is took an appointment to have an opportunity to show case their skills the
defendent did not allow the claimants to have an appointment and therefore misled out the opportunity
is win the competition

HELD:The court held that the defendant had breached the contract with claimants by not giving him a
qfair opportunity to participate in the contract the court awarded damage relating to loss

3.Defendants liability

The court will amount the neglence of defendants in a contract as if he has one hundred percentage at
fault for causing the accident,the amount of the award will full represent value of the damage by the
court also this neglegence can be comperature neglegence where by the court calculate degree of
plaintiff's neglegence and reduce the plaintiff claim award refer to the case of PUNTORIERO V WATER
ADMINISTRATION MINISTERIAL CORPORATION

FACT;The plaintiff sued a statutory for neglently releasing pollucted water into an irrigation scheme
which caused damage for former the authority attempted is rely an sweeping statutory from avil liability

4.validity of contract

As the court will consider the contract which has breached was valid or not as will consider the essential
component of contract as explain to section 10 of the LAW OF CONTRACT ACT All agreement are
contract if they are made by free consent of parties competent to contract,for a lawful consideration
and with a lawful object ,and are not hereby expressly declared to be void"as refer to the case of
CURRIE V MISA[1875]LRS

5.Witness testimony

The credibility of witness also play a role in affecting the ammount of any recovery ,this relate not only
to wilness for accident itself where proof of fault can be affected by their testimony but is witness who
are called to testify as your damage as well ,the witness can be advocate or the group of people who
were in time of making a contract or any person who prove and signed the contract made by those
parties ,Also the witness can be legal paper

6.Expectation and reliance mechanism

The court should consider the expectation measure where by show the comparison between claimants
cament position they would have in had the contract been performed correctly and realise mechanism
refer to case of MAPLES GROUP LIMITED V SIMMONS & SIMMONS [1995]4 ALL ER 907

The claimants need only to show that there was a speculative chance that they would have made the
gain,it does need to be likehood or a certainty this relating is CHAPLIN V HICKS[1911]

Also refer a case of CALLINANE V BRITISH REMA MANUFACTURING CO LIMITED [1954]1QB292

The court held that before a claimants decides the pursue a claim for damage they should decide which
of the measure is likely is compesale them move favourably

CONCLUSION
Conclusively the breach of contract can be due to the different discharges to the parties of the
contract. Discharge of a contract means release of a person from a contractual obligation, so
can be effected n the following ways;

(a). Discharge by performance, this is a kind of discharge which take place when the parties to
the contract fulfill their obligation arising under the contract within the time and in the manner
prescribed in such case the parties are discharged and the contract comes to an end.

(b). Discharge of contract by agreement or mutual consent, as according to sect 62 and 63 of

the law of contract, the general rule is what can be destroyed in same manner in which it is
constituted.this means the contractual obligations can be discharged by agreement which may
be expressed or implied.so this can occur into such circumstances like novation, recession and
alterations, remission as explat under sect 63 of law of contract, waiver lastly by merger.

(c). Discharge by frustration or impossiblity.

Finally the remedies for breach of contract which can be available to the innocent party are
common law remedies which involves the financial loss and aim to put innocent party in
position they would have if the contract had been performed.Also there is equitable remedies
which are available as when the common law remedies are inadequate to compensate the
claimants, and lastly is agreed remedies which has provided in a contract itself

BIBLIOGRAPHY

Statutes

The law of contract act [ cap 345 R.E 2019]

BOOKS
 Elliot law of contract E.d 7

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