What is the best remedy for breach of contract?

• Damages. The most common remedies people seek after a breach of contract are damages. ...
• Specific Performance. Specific performance may be a legal remedy in some situations. ...
• Injunction. ...
• Rescission and Restitution. ...
• Contact Silicon Valley Business Attorneys at SAC Attorneys.

• 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.

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.

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 must a party prove to win a breach of contract case?

Once the plaintiff proves that a valid contract existed, they must show that they upheld their part. After that, the plaintiff must show that the defendant did not fulfill their obligations. And finally there must be evidence of actual damages that the plaintiff suffered as a result.

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.

Can a breach of contract be cured?

Material breach clauses often contain provisions that set out that if the breach is capable of remedy, then the wronged party should give notice of the breach and a given length of time for the breaching party to remedy/cure the breach.

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)

How to settle a breach of contract?

Often this involves negotiating simple agreements between the parties which identify the issues leading to a breach of contract, the impact of these issues and the steps the parties agree to take to resolve the issues at hand and complete the relationship or transaction or provide fair compensation for what has ...

What is needed to prove a breach of contract?

Collect evidence proving your position

Both sides need to get evidence to prove their side. This could be the contract itself or proof of a verbal agreement, receipts or bills showing expenses, letters, emails, other written communication, pictures, and witness statements.

What is the usual remedy for breach of contract sue for?

If you successfully take someone to court for breach of contract, the most common remedy is compensatory damages. Usually, a court will order the person who breached the contract to pay you enough money that you can go elsewhere to get the services they failed to provide.

How to sue a company 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 makes a contract legally binding?

A contract is an agreement between parties , creating mutual obligations that are enforceable by law . The basic elements required for the agreement to be a legally enforceable contract are: mutual assent , expressed by a valid offer and acceptance ; adequate consideration ; capacity ; and legality .

How much can you sue for breach of contract?

In a breach of contract case, damages typically cannot exceed four times the actual losses. However, the exact amount depends on the specifics of your case. Consult with a lawyer to determine the potential damages you may recover.

How do you recover from a breach of contract?

A party breaching a contract is liable for “losses that are the natural and probable consequence of the defendant's breach of the contract.” In general, this means that the plaintiff can recover the amount of damages necessary to put them in the position they thought would have been in had the contract been performed.

How do you terminate a contract for breach of contract?

What is the cure period of a breach of contract?

A cure period is a specified timeframe within a contract that allows a party to rectify, or “cure,” a breach or default of the contract terms before more severe penalties or consequences are enforced.

What is the penalty for breach of contract?

As a result, the default remedy available for a breach of contract is monetary damages . Generally, these damages are limited to what is listed in the contract and, unlike damages from tort cases, courts do not award punitive damages for breaches of contract.

Can you get punitive damages for breach of contract?

App. Div. 1998) ("While punitive damages are usually not awarded in litigation involving breach of a commercial contract, they may be awarded where there is a breach of trust between the parties beyond the contractual breach.

How to prove actual damages?

Often, expert witnesses must be used. For example, loss of market value is generally a matter of expert opinion, and appraisers may be essential to persuasive proof. Likewise, accountants are often necessary to interpret and analyze accounting records that contain the best evidence of actual damages.

How to fight breach of contract?

In a contract dispute over a breach of contract, you should raise as many legal defenses as possible, including "affirmative defenses." It's usually not enough to simply deny legal wrongdoing; you must respond with every plausible argument that justifies your position.

What are the consequences of breach of contract?

The party who suffers the breach is entitled to receive from the other. Compensation for any loss or damage caused to him. Which naturally arose in the usual course of things from such breach. or which the parties knew, when they made the contract, to be likely to result from the breach of it.

Can a lawyer get you out of a contract?

Your attorney can help you assess the situation and come up with a strategy and documentation to terminate the agreement if the law allows you to do so.