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Breach of contract and its possible remedies

| Sep 4, 2017 | Breach of Contract

When you delegate a task to a specific person or party, you expect her or him to complete the work. If the party does not complete the agreed upon work within the set timeframe, or at all, you may be eligible for a breach of contract dispute.

A breach of contract has a few key parts that are important to understand. It may also be beneficial to understand the possible remedies to such a claim.

Definition

In short, a breach of contract occurs when a contracted party fails to fulfill the obligation set forth in the contract. Even if the contracted party fulfills the obligation in part, any portion left undone could result in a loss for the other party, making a breach of contract claim relevant. For this reason, it is critical for both parties to have a written agreement detailing everything each party may expect of the other.

Remedies

In the case of a breach of contract, the non-breaching party has possible remedy options. A few of the main choices include:

  • Sue for monetary damages
  • Decline to uphold other parts of the contract
  • Sue to compel performance

Depending on the situation, one of these breach remedies may be more beneficial than the others. It is up to the non-breaching party to determine the best course of action and proceed accordingly.

Damages

California civil code article 3300 breaks down what constitutes as damages and the extent to which individuals may pursue them. Simply put, damages are meant to provide the non-breaching party with compensation to put them at the same level they would be at if the breaching party did fulfill the contract. Any claims above that level may not result in a favorable verdict.

As you can see, there are a few important factors to consider in a breach of contract dispute. Take time to review the contract and the law to determine what your best course of action might be. It may also be beneficial to speak with a knowledgeable legal professional.

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