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What remedies are available in Kenya for breach of contract?
Would like to know the remedies available in Kenya for breach of contract.
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Comments:
Maurice
said:
The following are some of the common remedies for breach of contract in Kenya: i. Damages: The innocent party can claim monetary compensation for the losses they have suffered as a result of the breach. ii. Specific Performance: In some cases, the court may order the breaching party to perform their contractual obligations as agreed upon in the contract. iii. Injunction: An injunction is a court order that prohibits a party from doing a certain act. iv. Rescission: Rescission is the cancellation of the contract, and it restores both parties to their pre-contractual positions. v. Quantum Meruit: If a contract is silent on payment terms, and one party has already performed their obligations, they may be entitled to be paid a reasonable sum for the work done.
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Winfred
said:
The following are some of the common remedies for breach of contract in kenya.
i. Damages
Refers to the financial compensation awarded to the innocent party incase of a breach.
ii. Specific performance ‐ It is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of bargain.
iii.Injunction - The court often orders a party not to do something, may be permanent or temporary.
iv.Rescission - Allows a non-breaching party to cancel the contract as a remedy for a breach rather than seeking monetary damages.The non-breach party can simply refuse to complete their end of the bargain.
v. Liquidated damages-Are a specific amount the parties agree to in the contract as compensation for a breach.
vi. Consequential damages - Are those that flow as a natural consequence of the breach.
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