The aggrieved party can choose to cancel the contract and claim damages. In cases of innocent misrepresentation, the remedy is usually limited to cancellation of the contract without damages.
Breach of condition Provided the term is a condition, the innocent party will be entitled to terminate the contract, no matter how minor the consequences of the breach. A breach of warranty, on the other hand, does not absolve the affected party from future performance, no matter how serious.
A breach or inaccuracy of a representation or warranty can also provide the other party with a right to terminate or refuse to close the transaction.
The obligations under the contract continue to be binding. When the breach of contract is a serious breach or a breach of an essential term, the other party will have a right to terminate the contract or keep the contract going.
If one party neglects to fulfill the obligations outlined in the document, the non-breaching party may elect to terminate the contract. This may occur because the breaching party was unable to fulfill their responsibilities, or they did not fulfill them to the standard outlined and expected by their contract.
The innocent party may have the right to cancel the contract if the misrepresentation is material. Damages may be awarded to compensate the innocent party for any losses suffered. In cases of fraudulent misrepresentation, punitive damages may be awarded to punish the party responsible.
Termination for Breach: If there is a breach of this agreement, the non-defaulting Party has the right to terminate the agreement with immediate effect by serving a written notice if, after giving a 7 (seven) day prior notice to the defaulting Party to rectify the breach, the Defaulting party has failed to do so.
One of the most common reasons for contract termination is when one of the parties to the contract has breached the contract. This happens when a party has failed to fulfill their obligations or has acted in a way that was inconsistent with the rules set out by the contract or agreement.
If you decide to pursue a claim for breach of contract, you will need evidence of the breach. It is therefore crucial to collate and retain all relevant evidence. You should take photographs of any defective goods as soon as they are received. If possible, speak to witnesses and make a note of their recollection.
Either party may terminate this Agreement immediately upon notice to the other party if the other party materially breaches this Agreement, and such breach remains uncured more than thirty (30) days after receipt of written notice of such breach.