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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.
Remedies can include financial compensation (damages), specific performance, rescission, or restitution, depending on the nature and extent of the breach. The purpose of a remedy is to return the injured party to the position they would have been in if the contract had been properly performed.
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.
A breach of contract or agreement can be grounds for a civil lawsuit, regardless of whether the contract was oral or written. Starting a lawsuit for breach of contract is complex. To get help, call a lawyer now.
Breaches occur three different ways: failure to perform the contract, hindering the other party from performing, and repudiation, which is declaring your intent not to perform the contract.
The general remedy for breach of contract is a monetary sum amounting to the financial loss suffered as a result of the breach. The common law position is to place the innocent party in the same position as if the contract had been performed, such as accounting for a loss of sales.
There are five important types of damages that might be available, depending on your situation: compensatory damages, specific performance, an injunction, liquidated damages, or rescission. If you are dealing with a potential breach of contract, you probably need legal advice on what you should do next.
What are the Remedies for Breach of Contract? There are several remedies for breach of contract, such as award of damages, specific performance, rescission, andrestitution. In courts of limited jurisdiction, the main remedy is an award of damages.