According to dictionary.

com, a remedy is something that corrects or removes an evil of any

kind. It can also be defined as something that brings restoration to a natural or proper
condition. In simple terms, a remedy is a solution to a situation or problem. For example,
Artesunate Amodiaquine is a remedy to malaria. In law, remedies are legal means of
enforcing a right or redressing a wrong. Remedies in law ensure that equity and fairness reign
supreme in all situations. Contractual remedies refer to the actions that the law court makes
available to the aggrieved party of a contract so that equity and fairness is achieved. These
actions are available when a contract has been breached or compromised, a threat of breach
has been made or a breach is near. A breach occurs when a party to a contract or an event has
rendered the contract incapable of being continued with. Under the law of contract, remedies
available to a wrong include quantum meruit, specific performance, rescission, rectification,
damages, injunction, reinstatement, money had and received. For the purpose of this essay,
the last three will be discussed in subsequent paragraphs.

An injunction is an equitable remedy in the form of a court order that compels a party to
refrain from certain acts. In simple terms, an injunction prevents someone from doing
something. If a father places an injunction on the son ordering him not to smoke in the
house, it means the son is estopped from pursuing this course of action while he is in the
house. Another example is when a tenant continues the harmful use of a household property,
and does not heed to confrontations by the landlord, the landlord can apply for an injunction
to refrain the tenant from using the property. Injunctive relief is not a matter of right, but its
denial is within the discretion of the court. Whether or not an injunction will be granted
depends on the facts of each case. Regarding the facts of the case of Lumley v Wagner
(1852), an injunction was granted to restrain the defendant from breaking her undertaking not
to sing elsewhere during the agreed period. However the appeal for an injunction can be

dismissed if one does not follow the rather strict rules that govern such appeals. An injunction
is usually issued only in cases where severe injury to the rights of an individual would result
otherwise. It must be readily apparent to the court that some act has been performed or
threatened, that will produce severe injury to the party seeking the injunction. In short, an
injunction is a remedy that prevents actions which are harmful to the seeker of the injunction.

According to dictionary.com, to reinstate means to put back in a former position or state. For
example, Kofi loses GHS 5 on his way to school, he is met by his uncle. Kofi narrates the
story of his loss, the uncle gives him GHS 5. Here, Kofi has been brought back to his former
position. Under the law of contract, a reinstatement order is used in employment contracts to
order an employer to reinstate or put back an employee who has been wrongfully dismissed
to his position. It is used where the contract of employment has a legal or statutory element
putting it over and above the ordinary master and servant relationship. Thus, reinstatement
order applies where the employment is associated with a firm of the government say Bank of
Ghana. It does not apply to a contract of personal service say an employment between Mr.
Nunoo and Kessie. A breach of employment with respect to personal service would fetch
other remedies such as damages. Damages are meant to put a party in a reasonable position as
far as money can, if the breach had not occurred. In Nyarko and Another v Bank of Ghana
(1973), the defendant, a statutory corporation employed the plaintiffs. Statute governed the
terms of employment and termination but in refutal of these terms, the defendant dismissed
the plaintiffs. The plaintiffs sued for a declaration that their dismissal was unjust, and for an
order reinstating them or for damages. The judge ruled that an employee of a astatutory
corporation could not be dismissed unless there was a valid reason connected with his
capacity or conduct or based on operation requirements of the corporation. The order of
reinstatement was granted to the plaintiffs. In short, reinstatement as a remedy under the law

of contract puts a civil worker back to their position when their employment is wrongly
breached.

Another remedy available under the law of contract is money had and received. An action for
money had and received to the plaintiffs use is the name for a common law claim derived
from the form of action known as indebitatus assumpsit which means being indebted or to
have undertaken a debt. The action enables one person to recover money which has been
received by another; For example, where a plaintiff paid money to the defendant while
labouring under a mistake of fact or where there was a total failure of consideration. Here, the
plaintiff alleges in a law court that the defendant has undertaken a debt for which he has
failed to satisfy. In simple terms, the defendant has taken some money for the purpose of
perfoming his part of the contract but has failed to do so. For instance, class five boys of
Quantum International School, pay GHS 2 each to their class teacher who has promised them
of buying them a football by the close of that day. The teacher fails to honour his promise and
unfortunately uses the money for a personal expense. The boys are entitled to a MONEY
HAD AND RECEIVED action. It is a personal action only available in respect of money
rather than other benefits. Where the benefit received by the defendant was services or goods,
the appropriate claim is a quantum meruit or quantum valebat respectively. No privity of
contract between the parties is required in order to support this action, except that which
results from the fact of one man having the money of another, which he cannot
conscientiously retain. In Punjabi Brothers v Namih (1962), the judge said there was a total
failure of consideration on the part of the defendants and hence, the plaintiffs-appellants were
entitled to a refund of 3500 Ghanaian pounds. Halsbury Laws of England comments on
money had and received as; where one person has received the money of another under such
circumstances that he is regarded in law as having received it to the use of the other, the last

implies a promise on his part or imposes an obligation upon him to make payment to the
person entitled thereto, and in default the rightful owner may maintain an action for the
money had and received to his use. The action of money had and received is also enforced in
Quasi Contracts. Quasi Contracts are obligations that the law creates in absence of an
agreement between the parties. It is invoked by the courts where unjust enrichment, which
occurs when a person retains money benefits that in all fairness, belongs to another, would
exist without judicial relief. It exists by order of court, and not by agreement of the parties.
The main aim of quasi contracts is to prevent unjust enrichment, thus, promoting equity and
fairness. In a whole, money had and received is a remedy available for a person to claim his
money which has been wrongly taken from them.

In conclusion, injunction, reinstatement and money had and received are remedies under the
law of contract that promote equity and fairness and prevent injustice, unjust enrichment and
help to compensate victims of contract breaches.

References:
1. dictionary.com
2. legal-dictionary.the free dictionary.com/ injunction
3. law.freeadvice.com/litigation/appeals/appeal_dismissed.htm
4. definitions.uslegal.com
5. https:// en.m.wikipedia.org/ wiki/ Money had and received
6. Law of Contract ed. II Professor Philip Ebow Bondzie Simpson