Compensatory Damages Compensatory damages compensate the non-breaching party for the actual financial losses suffered as a direct result of the breach of contract. The goal is to place the non-breaching party in the same position they would have been in if the contract had been fulfilled.
You may have the right to claim monetary damages following a breach of contract. In most cases, you can claim enough damages to put you back in the same financial position you would have been if the other party had not breached the contract.
How Much is a Wrongful Termination Lawsuit Worth in California? Wrongful Termination Case TypeSettlement Amount Whistleblowing Approximately: $447,830 Breach of Contract Approximately: $5,000 – $80,000 FMLA Violations Approximately: $80,000 Public Policy Violation Approximately: $10,000 – $100,000+6 more rows •
In most cases, you can claim enough damages to put you back in the same financial position you would have been if the other party had not breached the contract.
Monetary damages, which are also called a "remedy in law"
Typically, damages cannot exceed four times your actual losses. The exact amount depends on your specific case and the severity of the breach. Courts require proof of loss and efforts to mitigate damages.
Determining what constitutes a breach involves identifying key elements: the presence of a valid contract, a clear breach of its terms, and resultant damages. Legal professionals need to confirm these fundamental aspects before moving forward. Initiating a claim starts with issuing a formal letter before action.
Every case is obviously different but, in general, most parties to a breach of contract action agree that (1) a contract exists, (2) the contract is enforceable and not void, and (3) that they performed under the contract.
What evidence do you need to make a breach of contract claim? There is a legally binding contract. The other party has failed to perform their duties under the contract. You have suffered loss as a result of the breach. The breach occurred within the last 6 years. Collating and preserving evidence. Reserving your rights.
You need to sue the person or business who signed or entered into and then breached the contract. Generally, someone cannot sue a third party they do not have a contract with. Only the one who signed or entered into the agreement with you is responsible for the damages to you.