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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.
When your contract is breached, the measure of compensation is the loss of bargain. This loss is forward-looking. The object of the damages is to place the innocent party into the position it would have been had the contract been properly performed.
Under California breach of contract law, the essential elements to be pleaded and proved in an action for breach of contract are (1) the existence of the contract; (2) plaintiff's performance of the contract or excuse for non-performance; (3) defendant's breach of the contract; and (4) the resulting damage to the ...
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.
The appropriate remedy depends on the terms of the contract, the nature of the breach, and the case's specific circumstances. Compensatory Damages. ... Specific Performance. ... Injunction. ... Rescission. ... Liquidated Damages. ... Nominal Damages.