What are the possible remedies for a breach of contract quizlet?

Asked by: Arnoldo Pfannerstill  |  Last update: August 29, 2025
Score: 5/5 (71 votes)

when one party breaches a contract, the other party-the non-breaching party-can choose one or more of several remedies. the most common remedies available to a non-breaching party include damages, rescission and restitution, specific performance, and re-formation.

What are the remedies for breach of contract?

Remedies for Breach of Contract
  • 1] Recession of Contract. When one of the parties to a contract does not fulfil his obligations, then the other party can rescind the contract and refuse the performance of his obligations. ...
  • 2] Sue for Damages. ...
  • 3] Sue for Specific Performance. ...
  • 4] Injunction. ...
  • 5] Quantum Meruit.

What are the remedies if someone breaches a contract?

For breach of contract cases, there are several different types of monetary compensation remedies:
  1. Compensatory Damages. This is the most common breach of contract remedy. ...
  2. Restitution. ...
  3. Punitive Damages. ...
  4. Nominal Damages. ...
  5. Liquidated Damages. ...
  6. Quantum Meruit.

Which of the following are remedies for breach of contract?

Types of legal remedies for breach of contract
  • Compensatory damages. Compensatory damages are a popular breach-of-contract remedy, aiming to cover the loss the injured party suffered due to the breach. ...
  • Liquidated damages. ...
  • Specific performance. ...
  • Punitive damages. ...
  • Nominal damages.

What are the remedies for breach of agency contract?

An agency agreement is a legal contract creating a fiduciary relationship whereby the first party ("the principal") agrees that the actions of a second party ("the agent") binds the principal to later agreements made by the agent as if the principal had himself personally made the later agreements.

Contract Law - Remedies For Breach of Contract Part 1

23 related questions found

What are the four types of damages available for breach of contract?

Four Types of Damages Available in a Breach of Contract
  • Compensatory damages. Compensatory damages aim to restore the party who did NOT breach the contract back to the position they would have been in if the other party had held up their end of the deal as promised.
  • Punitive damages. ...
  • Nominal damages. ...
  • Liquidated damages.

What are the different types of remedies?

Some of the most common types of legal remedies or damages in contract law are compensatory remedies, punitive remedies, consequential remedies, and expectation remedies. Compensatory remedies: intended to compensate the non-breaching party for their actual losses.

How to win a breach of contract case?

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.
  1. Factor #1: A Well Written Contract. ...
  2. Factor #2: A Clear and Obvious Breach. ...
  3. Factor #3: Substantial and Identifiable Damages. ...
  4. Factor #4: A Defendant with Deep Pockets.

What actions can be taken for breach of contract?

There are three different courses of action available to the court. Firstly, damages may be awarded to put the claimant in the position they should have been in, had the contract terms been carried out correctly. Secondly, where the breach is repudiatory, the contract can be terminated. Damages may also be payable.

What are the remedies for breach clause?

The "Remedies for Breach" clause outlines the legal consequences and available actions if one party fails to fulfill their obligations under the contract.

How do you fix a breach of contract?

For a breach of contract, the legal remedies available include compensatory damages, specific performance, rescission, and liquidated damages. It is crucial to ascertain which remedy best addresses the specific circumstances of the breach.

What are three things that can cause a contract to be void?

What Makes A Contract Null And Void
  • Uncertainty or Ambiguity. ...
  • Lack of Legal Capacity. ...
  • Incomplete Terms. ...
  • Misrepresentation or Fraud. ...
  • Common Mistake. ...
  • Duress or Undue Influence. ...
  • Public Policy or Illegal Activity.

What are equitable remedies for breach of contract?

The most frequent equitable remedies available for breach of contract are contract reformation, specific performance of a contract, and rescission of a contract.

What is the legal remedy for a breach of contract claim?

As a result, the default remedy available for a breach of contract is monetary damages.” In general, damages in a breach of contract case are limited to what is listed in the contract, and as such, courts usually do not award punitive damages as they would in a tort case.

What are the remedies?

rem·​e·​dy. plural remedies. : the means to enforce a right or to prevent or obtain redress for a wrong : the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong.

What is the most common type of damages awarded by a court?

Usually, compensatory damages are awarded in civil court cases in order to compensate for damages, injury, or another incurred loss. As we'll explore further in the article, they are different from punitive and treble damages. Compensatory damages can be classified into two types: actual and general.

What are the remedies for a breach of contract?

In short, the potential remedies for a breach of contract claim can include compensatory damages, specific performance, injunction, rescission, liquidated damages, and nominal damages. If someone breaches a contract with you or your company, you deserve justice.

What are the three defenses to breach of contract?

Common Defenses in Breach of Contract Cases
  • In Writing. Some contracts, including those involving real property, are required to be in writing. ...
  • Indefinite. ...
  • Mistake. ...
  • Lack of Capacity. ...
  • Fraudulent Inducement. ...
  • Unconscionable. ...
  • Illegality. ...
  • Duress.

What are the steps to sue for breach of contract?

You can file a lawsuit to recover your damages. You begin by filing a complaint in the appropriate civil court. A complaint is a technical legal document that describes the problem and explains the case to the judge and the other party. The complaint must then be served, i.e., delivered to the defendant.

What is the most typical remedy available for a breach of contract?

Compensatory damages are the most common remedy for breached contracts. These damages aim to compensate the non-breaching party for the financial losses they suffered due to the breach.

What do you need to prove for a breach of contract?

The relevant criteria are:
  1. There is a legally binding contract. ...
  2. The other party has failed to perform their duties under the contract. ...
  3. You have suffered loss as a result of the breach. ...
  4. The breach occurred within the last 6 years. ...
  5. Collating and preserving evidence. ...
  6. Reserving your rights. ...
  7. Taking legal advice.

Is it worth suing for breach of contract?

The Value of the Contract: Consider whether the breach resulted in substantial financial or other losses. If the damages are minimal, the costs of litigation may outweigh the potential recovery. For example, suing over a minor inconvenience or slight delay may not be worth the effort.

What to do if someone is in breach of contract?

If negotiations fail or the breach is significant and irreparable, consider pursuing legal action through litigation in court to enforce the terms of the contract and seek damages or other appropriate remedies. Litigation is often considered a last resort, as it can be time-consuming, expensive, and adversarial.

How to calculate damages for breach of contract?

general expectation damages = the value of performance without the breach (what was promised) minus the value of performance with the breach (what was received)

What are the 3 remedies?

There are three type of remedies which the plaintiff (person who brings an action in a court) which are damages, specific performance and injunction. These remedies will be given to the plaintiff according to the losses that he or she had faced.