TABLE OF CONTENTS If things do go awry then the law provides remedies. The parties may use the contract to restate, add to, or subcontract from their remedies, although the extent of addition or subtraction may be governed by the law (for example, see page 62 on unfair terms). The terms of contract termination by consent are for the parties to decide. If the contract allows an express right for cancellation for convenience then the terms of cancellation are for the parties to set out in the contract. The main interest is in the remedies for breach, which are as follows:
The buyer's principle default is a failure to pay. For the seller the remedy is quite straightforward. He must sue payment of the contract price. The seller's principle default is to fail to get on with the job (to time or to specification). It would seem that the most obvious legal remedy for the buyer would be to get the court to enforce the contract. This the buyer may do by applying for a decree of specific performance. However, it is a discretionary matter for the courts to grant such a decree but the option is certainly there for the injured side to exercise. If the goods were readily available elsewhere, or if checking compliance with a decree of specific performance was impossible or required constant supervision by the courts, then a decree would not be granted. So where, for example, the goods are available elsewhere no decree...
