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Damages are the remedy, and remedies are not cumulative for a single breach

A worked RES examination question on remedies, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.

Paper 1Lesson 6RemediesFree — no sign-up

The question

A principal sues his estate agent for breach of their agency agreement, which is a contract for services. He asks the court to order the agent to perform the agency, to grant an injunction compelling him to do so, and to award damages, all three together.

Which statement is correct?

  1. A. He may have all three remedies together, the breach having caused loss in several ways.
  2. B. He may have specific performance and an injunction, though not damages in addition.
  3. C. He may have an injunction alone, the only order a court makes on a services contract.
  4. D. Damages are the appropriate remedy, specific performance not lying for such a contract.

The answer, and why

Answer: D

The rule. Specific performance and injunctions are not granted to compel performance of a contract for services. Damages are the remedy, and remedies are not cumulative for a single breach.

Why D is correct. Damages.

The other options.

  • A grants all three.
  • B grants the two that are unavailable.
  • C grants an injunction alone, which is the least plausible but tests whether the candidate knows why those orders are refused.

Exam note. Courts do not compel people to work for one another. That is the reason behind the rule, and it explains both refusals at once.

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