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Breach of Contract Cases
What is Breach of Contract?
Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.
Kinds of breach:
- Minor breaches
- Material breach
- Fundamental breach
- Anticipatory breach
Damages for Breach of Contract
When one party has breached the contract, the party who has performed is entitled to various remedies for the breach.
- Consequential damages
- Punitive damages
- Liquidated damages
- Nominal damages
Other Remedies for Breach of Contract
- Specific performance
- Rescission
Any breach of contract cases gives rise to a cause of action, not every breach gives a release or discharge from liability. This will depend whether the term breached is a condition or a service contract or whether there has been repudiator breach as well as depending upon the particular facts and circumstances of the contacts and the actions of the parties. A legal expert or an attorney can advice you of what makes sense concerning the breach of contract cases. Pursuing it alone is not the wisest choice and legal help is almost a certainty.
In point of fact, it has been said that there are many pitfalls for the unwary in breach of contract cases. First, it has to be enforceable at law to provide the basis for a suit. Second, the breach must be committed without jurisdiction. And lastly, damages suffered must be a direct result of the breach.
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