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When there is a breach of contract the injured party has the right to ask a court to somehow remedy the situation?
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What is monetary compenstion?
Monetary compensation awarded/awardable to a party injured as a result of a breach of contract or a negligent act; the injury sustained due to misfeasance, negligence or breach of contract.
What is the difference between a breach of warranty and a breach of a condition?
A warranty is less important than a condition and does not impact on the main purpose of the contract. A breach of a warranty entitles the injured party to claim for damages ONLY. They may not repudiate the contract. A condition is a major term that goes to the root of the contract. Such term is essentials to the main purpose of the contract and therefore the injured party is entitled to repudiate the contract as well as make a claim for damages.
Does breach of contract void a contract?
A breach of contract does not void the entire contract. It can still be enforced.
Does any breach of contract allow the non breaching party to cancel the contract?
Not every breach allows a contract to be cancelled. It has to be a material breach.
What is the difference between breach of contract and discharge of contract?
Discharged mean terminated. A contract can be discharged by -performance -frustration -Agreement between the parties and -breach If there is a breach of terms of the contract, a contract can be discharged.
What can a commerical real estate agent do if a customer defaults on a commission?
You should consult with an attorney who can review your situation and your contract. If your contract was properly drafted and signed by the other party you can sue for breach of contract.
What is theDifference between breach of contract and discharge of a contract?
breach is a form of discharge. Generally, a discharge is when a contract ends for any reason. A breach is when one of the parties does not perform under the contract. Breach could lead to discharge, rescission, or damages, or nothing.
What is the opposite of obeying a contract?
breach of contract
What is meant by a breach of contract?
A breach of contract in legal terms amounts to a broken promise to do or not do an act. Breaches of a contract are single, occurring at a single point in time, or continuing breaches. A lawsuit for breach of contract is a civil action and the remedies awarded are designed to place the injured party in the position they would be in if not for the breach
Is it a breach of contract if there is no specification of date to perform in the contract?
if there is no date specify this does not mean there is a breach. for a breach to occur one of the parties to a contract must not have fully performed their obligations. if there is no date specified in the contract the courts will apply a reasonable date
What if a contract condition is not met?
lawsuit for breach of contract
To opt out of a contract?
If you opt out and have the right to do so it is considered terminating a contract. If you unilaterally decide to opt out of a contract and do not have a legal basis to do so; that is considered a breach of contract. If you breach a legal contract you can be sued.
