The law will help the innocent person if there is a breach of contract. The legal options are specific performance, interdict, suing for damages, and cancellation and damages.

SPECIFIC PERFORMANCE

Specific performance means the court orders the guilty person to do what was promised. For example, the court orders a builder to finish building a house. Sometimes the court will not order specific performance. This will happen if:

• The guilty person (the person who broke the contract) can’t do what was promised
• Paying money is a better way of compensating the innocent party
• It would be unreasonable or unjust to make the guilty person carry out the contract

If the court orders the guilty person to carry out the contract, then the person must do this. If the person does not do what the court orders, he or she will be in ‘contempt of court’. The person could get a fine or a prison sentence.

INTERDICT

You can get an interdict from the court against a person who broke a contract with you. An interdict is a court order that prevents the guilty person from doing something or orders the guilty person to do something. (See Interdicts)

SUING FOR DAMAGES

Instead of cancelling the contract, the innocent person can decide to sue the other person for damages. This means you can claim money if you lost out in any way because the contract was broken.

CANCELLATION AND DAMAGES

One person can cancel a contract if the other person has not carried out an important part of the contract. Once the contract is cancelled nobody has to carry it out. The innocent person can also sue for damages. (See Problem 3: Breach of contract)