Breach Of Contract
Description Breach Contract Damages
How to fill out Damages Complaint?
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Contract Consequential Damages FAQ
There are many types of damages for breach of contract that you may receive should a breach occur, these being meted out both to deter parties from breaking contracts and to compensate parties should a contract be broken. The main types of damages are compensatory, liquidation, punitive, nominal, and ordinary damages.
Jurisdictions employ one of three standards of proof in decisions concerning punitive damages: (1) beyond a reasonable doubt, (2) by clear and convincing evidence, and (3) by a preponderance of evidence.
Specifically, in a breach of case, the plaintiff is normally only awarded compensatory damages (i.e., money damages for the actual loss suffered based on the value of the contract), and punitive damages are generally not awarded at all.
Punitive damages in contract law are monetary damages awarded to a plaintiff to punish the defendant and prevent him from engaging in the same conduct at any point in the future.Punitive damages are generally awarded if: The compensatory damages are inadequate. The defendant's conduct was egregious.
Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.
How often are punitive damages awarded in breach of contract cases? In 90% of cases.
Punitive damages are rarely awarded for breach of contract. They arise more often in tort cases, to punish deliberate or reckless misconduct that results in personal harm.
Causation: The defendant's breach must have caused the plaintiff's economic losses. Foreseeability: The losses must be foreseeable at the time of contract formation. Calculable: The losses must be capable of being calculated into specific monetary amounts.