breach通常被翻译为“违约”或“违反”,在法律英语中较为常用。学习该词的关键在于掌握由该词所组成的短语。There are several options available to the court in cases of breach of contract. The preferred remedy is damages. Specific performance is exceptional and ordered only when an award of damages wo...
The article presents information on several United States Supreme Court cases concerning breach of contract. According to the Supreme Court ruling in the Belknap Inc. v. Hale case, a state court could entertain an act...
A plaintiff, the person who brings a lawsuit to court claiming that there has been a breach of contract, must first establish that a contract existed between the parties. The plaintiff also must demonstrate how the defendant—the one against whom a claim or charge is brought in a court—fail...
There are several options available to the court in cases of breach of contract. The preferred remedy is damages. Specific performance is exceptional and ordered only when an award of damages would be “inadequate” . 【参考译文】对于违约案件,法院有几种救济方案。首选的救济方式是损害赔偿。特定...
After both of these initial steps have been completed and if it is possible, the party should then file a breach of contract claim with the proper court. Where, when, and how the contract can be filed will depend on the rules of civil procedure, relevant state laws, and the rules of ...
LegalRemedies(Damages)-LimitationonrecoveryofDamagesincontractCases 1apartycanrecoverdamagesonlyforthoselossesthathecanprovewithreasonablecertainty.2Abreachingpartyisresponsibleforpayingonlythoselossesthatwereforeseeabletohimatthetimeofcontracting.3Plaintiffsinjuredbyabreachofcontracthavethedutytomitigate(avoidorminimize)...
contract violation 合同违约 privilege violation 特权扰乱 flagrant violation 公然侵犯；重大违反 Infraction，an act of breaking a rule or law 犯规；违法，侧重指违反规定或者地方的法令法规。在违反法律上，violation比infraction更为严重。infraction of school rules 违反校规 minor Infraction ...
Injunctions: In some cases, your company may wish to seek an injunction. This is an order of the court designed to prevent another from acting a certain way or forcing another to act in a certain way. In the case of a business breach of contract, this may include preventing a company ...
Which type of contract can be enforced? Contracts that can be enforced are known as enforceable contracts. This means that the terms in the contract are fair and just and the elements in the contract will be upheld in the court of law.What...
If a breach occurs, you and the other parties may come together and create a new contract or a solution to the breach. If a new agreement fails to materialize, the next course of action is to appear in court or arbitration. The most common remedies for breach of contract are: ...