However, if the plaintiff takes too long to file their lawsuit, the defendant may be able to assert that they, the breaching party, actually suffered some type of harm or prejudice. This occurs when a court orders a party to do something as opposed to paying out monetary damages. Some other types of damages include punitive damages, which are intended to punish the breaching party for their breach, and remedies in equity. These damages do not generally include lost profits or earnings caused by the breach of contract. Restitution may be ordered so the breaching party must pay the injured party back, with the intent to restore the injured party to the position they were in prior to the breach. The first caterer may be ordered to pay $1,500 to the non-breaching party in order to reimburse them for the additional fee incurred due to the original caterer failing to fulfill their part of the agreement. The party’s organizer must then hire a new caterer at $1,500. However, before the party, the caterer informs them that they are unable to provide the meals on the date of the party. An example of this would be if someone hires a caterer to provide meals for a large party for the price of $1,000, and they pay this fee to the caterer. This remedy is intended to compensate the injured party for losses suffered as a result of the breach. The specific type of remedy that the non-breaching party may be entitled to will largely be determined by the severity of the breach of contract, as well as the damage done by the breaching party.Ĭompensatory damages are the most commonly awarded in suits involving breach of contract. Damages may also be equitable remedies, such as canceling the remainder of the contract. These damages may be compensatory, consequential, or liquidated damages to name a few. What Damages are Available for a Breach of Contract?īreaching a contract could entitle the non-breaching party to recover legal damages. Do I Need a Lawyer If I Am Facing a Breach of Contract?.How Can I Get My Attorney Fees Paid For in a Breach of Contract Claim?.Are Attorney Fees Considered Damages in a Breach of Contract?.What Damages are Available for a Breach of Contract?.A court can assess whether a specific breach was minor, or substantial. Partial breaches do not affect how the rest of the contract may be carried out, whereas a complete breach renders the contract entirely useless. When a party does not do what they agreed to as specified in the contract, the non-breaching party is allowed to take legal action against them and sue them in court.īreaches of contract may be designated as either partial or complete breaches. A party may breach a contract by failing to meet a specific time constraint, by failing to perform entirely, or by only providing a partial performance. If one or more parties to the contract cannot or will not perform their agreed to duties under the contract, it is considered to be a breach of contract. A mutual exchange of consideration (or value) in order to bind the parties to the agreement.An offer was made by one side and that offer was accepted by the other and>.There was mutual assent between the parties, in regards to the terms of the performance.This document creates a legal obligation for both parties to perform specific actions. In short, a contract is a legal document that details an agreement between involved parties. Are You a Lawyer? Grow Your Practice What is a Breach of Contract?
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