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The most common remedy is damages, where the court determines the damage that the breach of contract caused, and directs the party who breached the contract to pay a sum of money. In some circumstances, the court will make an order for specific performance.
This is the normal remedy in breach of contract cases. Punitive Damages ? Payments by the breaching party to the non-breaching party that are meant to punish the breaching party for particularly wrongful acts by having them pay the non-breaching party above and beyond full compensation for the damages.
Such contracts are agreements to pay money upon the occurrence of a specified event. Mental distress damages do not flow from the breach of such contracts. They are not ?personal.?
What constitutes ?good faith? in Illinois? The duty of good faith can be defined, in essence, as the duty to cooperate with the other party to a contract in such a way that each obtains the benefit of the bargain as it is laid out in the contract.
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
As a general rule, contractual damages are available through legal action in English law if one of the contracting parties has broken a term of that contract. The breach of contractual obligations must have caused a loss, primarily financial.
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.
A breach of contract occurs when one or both parties fail to perform a necessary term of the contract, such as payment or provision of services. Contracts are binding agreements which describe the reciprocal duties each party to the contract must perform. Enforceable contracts can be verbal or written.