Which is the most common remedy for breach of contract?

Asked by: Aniyah Trantow  |  Last update: July 13, 2025
Score: 4.5/5 (4 votes)

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.

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 is the most common breach of contract?

Although a breach of contract can have various elements, the most common are:
  • Failure to complete a project on time;
  • Failure to provide payment on time;
  • Failure to meet the standards found in the contract;
  • Failure to complete the project as presented in the contract.

What are the main types of remedies for a breach of contract?

Breach of Contract Remedies
  • Damages: This is one of the most common remedies for a breach of contract. ...
  • Specific Performance: This remedy requires the breaching party to fulfill their obligations under the contract. ...
  • Rescission: ...
  • Reformation: ...
  • Injunction:

Is an injunction a common remedy for breach of contract?

This remedy is typically used when the subject matter of the contract is unique and cannot be easily replaced. In some cases, injunctive relief may be awarded as a legal remedy for breach of contract. This involves a court order that requires the breaching party to stop doing something or to perform a specific action.

Contract Law - Remedies For Breach of Contract Part 1

17 related questions found

What is the most common way to remedy a breach in 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.

Which of the following is a common remedy for breach of contract?

An award of compensatory damages is the most common of the legal remedies for breach of contract. The calculation of compensatory damages is based on the actual losses you have sustained as a result of the breach of contract.

How 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 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.

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.

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 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 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.

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 to prove damages in breach of contract?

Proof of actual harm and its cause must be established. For example: future lost profits are commonly claimed, but how are they proved? If the contract does not specify fixed numbers (either in goods or the dollar-amount of services), then expert witnesses are brought in to testify to the likely amount of damages.

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 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 the two types of remedies?

Understand the basic purpose of remedies. Recognize that there are two general categories of remedies: legal and equitable. See that courts do not simply order obligors to keep their promise but instead allow them to breach and the nonbreaching party to have remedies for that breach.

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.

Is breach of contract hard to prove?

The short answer is yes. Breaches of oral contracts are harder to prove, but the contracts are absolutely enforceable. Breach of oral contract elements are the same as for written contracts. The hardest part of proving a breach of contract for an oral agreement is proving that the contract existed and was valid.

How long after breach of contract can you sue?

For a written contract, you generally must file your lawsuit within 4 years of when the agreement is broken. For a verbal contract, you must file it within 2 years of when the agreement is broken.

Can you get compensation for breach of contract?

Material breach of contract

Following a material breach, the innocent party may seek legal help to resolve the issue. Legal remedies may include suing for damages and, in some cases, terminating the contract. Open discussions and mediation can help both parties to resolve the situation before it escalates.

What remedies are available in a lawsuit for breach of contract?

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

What is the burden of proof for a breach of contract?

Burden of Proof

This means that the plaintiff must provide sufficient evidence to demonstrate that: A valid contract existed. The defendant failed to fulfill their contractual obligations.

What three elements must a breach of contract claim?

Elements of a Breach of Contract Claim
  • Valid Contract – There is a valid or binding contract.
  • Performance – The claimant performed according to the contractual terms or has a valid excuse for nonperformance.
  • Breach – A breach occurred due to the failure of the defendant to perform their agreement.