What remedies are available in breach of contract cases?

Many companies or individuals rely on contracts to hold others they decide to do business with accountable for doing what they say they’re going to do. They’re written where anyone who fails to follow through with what they say that they’re going to do, also known as breaching a contract, can be held financially liable for not doing so.

When it comes to breaches of contract, there are a number of different remedies that can be pursued in cases in which someone you contract with doesn’t uphold his or her end of the bargain and do what he or she is supposed to do.

Compensatory damages are perhaps the most common remedy pursued in breach of contract cases. When judges make this type of award in a case, it requires the party who failed to do what was promised to cover the fees associated with having the service provided by someone else, even if the costs are higher.

Another common remedy plaintiffs are offered in these types of situations is restitution. In this case, the defendant is required to reimburse the plaintiff the cost of the services that they failed to perform.

Punitive damages are awarded in cases when the defendant is accused of acting immorally or negligently.

Other, less common, types of damages that may be paid out in breach of contract cases include nominal damages. They’re paid out in cases in which no one was harmed as a result of the breach.

Liquidated ones are those which both the plaintiff and defendant had previously agreed to pay if there was a breach of contract.

Quantum meruit damages are essentially partial payments that a judge may order to be paid based on a “how much was earned” principle.

Injunctive relief, or two parties agreeing to cancel the contract and thus not be bound to anymore, may also be ordered by a judge.

Special performance, or being court ordered to follow through in providing a service or product, may be ordered in cases where a company or person is uniquely skilled at performing a particular task or manufacturing a certain good.

If you’ve signed an agreement with another party who has not upheld his or her responsibilities described in it, then a Melbourne attorney can advise you of your rights to file a lawsuit in your case.

Source: FindLaw, “What is the most common legal remedy for a breach of contract?,” accessed April 04, 2018


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