What Are the Remedies for Breach of Contract?

You can get a court to order a specific breach of contract remedy if you want the other party to perform the contract or make restitution for their failure to perform. This remedy is not available if you’ve suffered only damages, and it’s usually reserved for situations where monetary damages would be an inadequate remedy for breach of contract.

Money damages are awarded in court cases involving contracts. These are typically based on the amount of loss sustained due to breach, which may include lost profits and other evidence-based factors (e.g., out-of-pocket expenses). If a contract has been breached, but neither party wants remedies such as specific performance or monetary damages, they may consider whether reformation might be appropriate. Reformation means that the parties agree in writing that what was originally agreed upon does not reflect their true intentions. Then, they amend their contract accordingly before signing it again (this process isn’t necessarily recommended because it can lead to confusion about who said what). The only option is recession/rescinding an agreement altogether, so neither party has any obligations or rights under that agreement anymore. However, this may seem like an attractive option at first glance.

What is the most common remedy for breach of contract?

The most common remedy for breach of contract is money damages. A party harmed by a breach of contract can request that the court award them damages, which are monetary losses resulting from the breach. In some cases, a party may be entitled to specific performance or reformation instead of or in addition to monetary damages. An injunction may also be granted if it would prevent further harm from occurring due to a particular type of breach (i.e., preventing someone from selling goods they don’t have).

What is the most common breach of contract?

A breach of contract usually involves one party failing to perform some duty or obligation in the contract. Depending on the circumstances, this could be as simple as failing to pay or providing adequate security or more complex as not delivering the promised goods or services.

Some examples include:


A customer fails to pay for services rendered and products delivered. This can be due to various reasons, such as insufficient funds in a checking account or an issue with credit cards (e.g., fraud). In some cases, non-payment may be intentional on behalf of the client (e.g., using a credit card without authorization).

Failure To Perform

A contractor doesn’t show up when they say they will; contractors fail to deliver what was promised; an artist doesn’t create their painting within deadlines outlined in the contract; etc.

What three elements must a breach of contract claim?

The elements of a breach of contract claim are:

  • What happened? You must have been harmed by the other party’s actions or inactions. If you were inconvenienced, you probably don’t have a case; you need to show that the other party damaged your ability to do something (e.g., they missed an appointment with an investor and lost the opportunity).
  • How it happened. You must be able to prove what exactly caused the harm and how exactly it did so—in detail, down to every last cent if possible. This can be difficult if there is no written agreement between you and the other party. However, it may still be possible if witnesses or documentation like emails were exchanged between both sides before signing anything official on paper (or even just before verbally agreeing).
  • Why did it happen? The third element is proving why this particular breach occurred; typically, this means showing that there was some mistake made during negotiations between both parties, which resulted in one side not following through with their obligations under their oral contract – email exchanges would usually suffice here as evidence too!

When should I contact a business attorney?

Generally, a business attorney is contacted when:

  • When there is a breach of contract, you need to sue for damages.
  • When there has been an oral agreement but no written contract.
  • If your contract is in writing, the terms are unclear or ambiguous. A good business attorney can help interpret it so that everyone involved knows exactly their rights and obligations under the agreement.

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