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Breach Of Contract Claim Settlement |
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What are the remedies in the
event there is a breach? Although much more information is contained in
the section on remedies, you may have a choice of remedies:
Compensatory Damages money to be reimbursed you for costs to compensate
for your loss. Consequential and Incidental Damages is money for losses
caused by the breach that were foreseeable. Foreseeable damages means
that each side reasonably knew that, at the time of the contract, there
would be potential losses if there was a breach.
Attorney fees and Costs only recoverable if
expressly provided for in the contract. Liquidated Damages these are
damages specified in the contract that would be payable if there is a
fraud. Specific Performance is a court order requiring performance
exactly as specified in the contract. This remedy is rare, except in
real estate transactions and other unique property, as the courts do
not want to get involved with monitoring performance.
Punitive Damages this is money is given to punish a
person who acted in an offensive and egregious manner in an effort to
deter the person and others from repeated occurrences of the
wrongdoing. You generally cannot collect punitive damages in contract
cases. Rescission the contract is canceled and both sides are excused
from further performance and any money advanced is returned.
Reformation the terms of the contract are changed to reflect what the
parties actually intended.
Bear in mind that it often makes sense for both
parties to directly negotiate a Breach of Contract Claim Settlement.
However, if the matter involves a significant amount of money, a wise
option would be to retain an attorney to help you propose settlement
terms and to review any proposed a Breach of Contract Claim Settlement
in advance.
Other alternatives for dispute resolution include
mediation and arbitration. These avenues for obtaining a remedy may be
more cost effective than simply filing a lawsuit and letting the court
settle the dispute.
On occasion, a policyholder will seek coverage under the policy for a
Breach of Contract Claim Settlement. In other words, the damages being
demanded do not arise from liability assumed in a hold harmless or
indemnity agreement, but are due to failure to meet an agreed upon
obligation. Avoiding coverage for a Breach of Contract Claim Settlement
is the very reason the first excludes all contractual coverage, and
then grants limited contractual liability coverage by an exception to
the exclusion.
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