If you or the consumer do not do what you agreed to do as set out in the contract (for example, you might not deliver the right goods or provide the service on time, or the consumer might not pay), this is called being in 'breach of contract'..
Under the law, once a contract is breached, the guilty party must remedy the breach.
The primary solutions are damages, specific performance, or contract cancellation and restitution.
Compensatory damages: The goal with compensatory damages is to make the non-breaching party whole as if the breach never happened..
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If you or the consumer do not do what you agreed to do as set out in the contract (for example, you might not deliver the right goods or provide the service on time, or the consumer might not pay), this is called being in 'breach of contract'..
Or, if the remedy is one that is higher than the expectation damages, the seller may pay the consumer to be released from his contractual obligations
Subsection (5) makes clear that if the trader is in breach of any pre-contract information required to be treated as part of the contract by section 12, the consumer has the right to recover any costs which they incurred as a result of the breach
A party will be in breach of the contract - or break the contract - when they fail to perfectly perform one of the warranties, conditions or innominate terms (ie the terms of the contract) they have promised to perform
defective performance: where the contract is partly performed but not to the standard required by the contract
