All posts tagged: breach and remedies in contract drafting

Breach and Remedies Clauses in Contract Drafting

Breach and remedies clauses are critical components of commercial contracts. These provisions determine what constitutes a breach, how it is to be addressed, and what remedies are available to the innocent party. In essence, they provide the framework for risk allocation and legal recourse when contractual obligations are not met. Well-drafted breach and remedies clauses reduce uncertainty, minimise litigation, and allow the parties to manage commercial expectations effectively. This article explores the legal principles underpinning breach and remedies in contract law, best practices in drafting, and the implications of poorly constructed provisions. Practical illustrations are included to demonstrate how these clauses function in real-world scenarios.

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