Breach Of Contract With Damages
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FAQ
Direct damages are the easiest to foresee. For this reason, special damages are not usually recoverable. Special damages are meant to compensate the innocent party for injury or loss that is indirectly related to the breach. Even special damages must be foreseeable to be recoverable.
Punitive Damages: Damages designed to punish a wrongdoer and to deter similar conduct in the future. Such damages are generally not recoverable in breach of contract actions, unless the breaching party's actions give rise to a separate tort claim.
Compensatory Damages. Compensatory damages (also called actual damages) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.
Types of Damages1 Ordinary damages. On the breach of a contract, the suffering party may incur some damages arising naturally, in the usual course of events.2 Special Damages.3 Vindictive or Exemplary Damages.4 Nominal Damages.5 Damages for Deterioration caused by Delay.6 Pre-fixed damages.
The basic breach of contract elements require you to prove:There was a valid contract;You performed your part of the contract;The defendant failed to perform their part of the contract; and.You sustained damages caused by the defendant's breach.