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If a party breaches a contract there are a number of remedies available, including: Punitive damages to compensate the innocent party for any loss suffered; A Court Order requiring the breaching party to carry out his/her obligations; A Court Order forbidding the party from breaching the contract; and.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.
Under the law, once a contract is breached, the guilty party must remedy the breach. The primary solutions are damages, specific performance, or contract cancellation and restitution.
You may be sure you have an air-tight case, and you may be right, but a winning breach of contract lawsuit has four factors. Factor #1: A Well Written Contract. ... Factor #2: A Clear and Obvious Breach. ... Factor #3: Substantial and Identifiable Damages. ... Factor #4: A Defendant with Deep Pockets.