What are the Most Common Remedies for Breach of Contract in Business?
Whether it is a contract with a partner, vendor, or another third party, when one or more parties do not fulfill their obligations, you should have access to legal remedies that will make your company whole again.
Several common remedies for breach of contract exist, but the appropriate remedy depends on the terms of the contract, the nature of the breach, and the specific circumstances of the case.
We can help you determine which legal remedy is right for your company. That may include one or more of the following damages.
The most common type of legal remedy for breach of contract is an award of compensatory damages.
Compensatory damages are based on the calculation of actual losses your company has sustained because of the breach of contract.
They typically fall into two categories:
- Expectation Damages: Also referred to as general damages, which are those that directly result from the breach of contract.
- Consequential Damages: Damages that emerge as a natural consequence of the breach, which is often calculated in the loss of company profits.
The breaching party is going to do all it can to avoid paying each type of damage, especially consequential damages, as it will insist they are speculative. Our skilled Florida business litigation attorneys can help you understand and prove your actual losses to help build your case for success.
Specific performance is a type of breach of contract remedy where the court orders the breaching party to perform their end of the agreement.
Typically, monetary damages are the favored resolution, but specific performance may be necessary when you had a contract in place for something that is unique and cannot be easily replaced.
Converse to a specific performance remedy, injunctions are ordered by the court — temporarily or permanently — to a party, specifically informing them not to do something.
Temporary injunctions are often ordered while litigation is pending to prevent potential damage, whereas permanent injunctions may be issued as part of the court’s final ruling in a lawsuit.
Rescission is a legal remedy that allows the non-breaching party to cancel the contract, rather than seek damages. In these cases, the non-breaching party can simply refuse to complete their end of the bargain.
Liquidated damages are a specific amount the parties agree to in the contract as compensation for a breach. This could be the amount of earnest money in a real estate purchase, a certain amount of money for each day a deadline is not met in a construction contract, or partnership agreements that include liquidated damages provisions.
Call MLG Business Litigation Attorneys in Florida & California Today
If you are seeking breach of contract legal counsel you can trust — inside and outside the courtroom — contact our Florida Breach of Contract attorneys at MLG Business Litigation Group in California today at (786) 706-9228 to schedule a free initial consultation to discuss your specific legal needs, so we can begin creating customized legal solutions that produce results.