Hierarchy and Change of Remedies for Breach of Contract: International Instruments and Iranian Law Approaches

One of the most significant issues concerning breach of contract is the hierarchy between the remedies and the possibility of their change. This article examines the hierarchy of remedies and an aggrieved party’s ability to change his initially-sought remedy to another one. While international instruments of contract law such as the Principles of European Contract Law and UNIDROIT Principles have addressed some aspects of the issue, the Iranian Civil Code is silent on the matter. Although the legal literature addresses some features of the hierarchy of remedies, it has not touched upon the change of a remedy.  This article investigates the issue in relation to main remedies including specific performance, termination, of contract, damages, and price reduction. It is a truism that the findings of the research are generalizable to the context of domestic contracts as well as international ones, and its practical usefulness is undeniable in contract litigations.