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...
These penalties depend on contract terms, state laws, and the severity of the breach. Common civil penalties include: Fines and monetary damages: Courts may impose fines or require restitution to compensate the non-breaching party. Court-ordered performance: In some cases, the court may enforce ...
A breach of contract is a common type of civil claim. When a court considers a breach of contract case, the court will almost always award money damages to the innocent party. This means that the breaching party is ordered to pay money to the innocent party to make up for the innocent ...
This paper outlines the general loss–based damages rule when a breach of contract is established, in light of the competing policy objectives of enhancing contract rights v efficient breach. The economic premises behind the theory of efficient breach are briefly discussed. The paper then summarizes...
Material breaches can also be called total breaches and can result in the injured party (the party that did not commit the breach) either terminating the contract or seeking damages through a lawsuit. When deciding on the level of a breach of contract, the court will use the Restatement (...
Various court orders; Specific performance; Rescission of contract; Equitable estoppel; Termination of contract; Rectification or reformation; and/or. Account of profits. Can you claim damages for breach of contract without termination? This lesser status of importance meansthe innocent party can only ...
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: Damages...
A breach of contract occurs when one party fails to fulfill their obligations under a legally binding agreement without a valid legal excuse. This breach can take various forms, such as not performing a duty on time, not performing in accordance with the terms agreed upon, or not performing...
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...
issue.” In a material breach of contract case, a court might find one party’s failure to perform its obligation was so severe the aggravated party would be entitled to a more robust remedy. These might come in the form of economic damages, injunctive relief, or a court order for ...