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Remedies available following a breach of contract: Cancellation of a contract is usually the last sought remedy as it is regarded as an extraordinary remedy which is only available in certain circumstances. A claim for specific performance is a remedy that aims to enforce the contract.
One of the most common remedies chosen by buyers after a breach of contract by the seller is a lawsuit for damages for nondelivery. These suits occur if the seller fails or simply refuses to deliver the goods that were promised in the contract.
5 Common Remedies for a Breach of Contract #1. Compensatory Damages. Compensatory damages are the most common damages awarded in breach of contract cases. ... #2. Liquidated Damages. ... #3. Rescission. ... #4. Specific Performance. ... #5. Injunction. ... Have a Contract that has Been Breached? We Are Here to Help.
Buyer's Remedies for Breach of Contract Apart from seeking compensation, the buyer has the option to request a refund of the money they have already paid. Another remedy available for a breach of contract is a suit for price, which involves the money paid by the buyer for goods that were not delivered by the seller.
When a seller breaches a contract, the buyer can seek remedies like money damages and specific performance, meaning a forced sale of the property or rescission of the contract. If parties cannot agree who should get the contract deposit, they must litigate the issue in court or take it to arbitration or mediation.
If the seller breaches the agreement, the buyer is entitled to recover consequential damages that were reasonably foreseeable at the time of contracting and actually known or communicated to the seller. This includes lost profits, which are generally not recoverable under Civ.
Compensatory damages (also called ?actual damages?) cover the loss the nonbreaching party incurred as a result of the breach of contract. The amount awarded is intended to make good or replace the loss caused by the breach.