Breach of Conduct Remedies
- Tags
- law
The actions a party can take in response to a breach of contract.
You can be compensated for [see page 7, a variety] of things, with the most common remedies being the following.
Alternative to these processes, parties can also defer to binding [see page 16, arbitration]. Acknowledge a \nth{3} party arbitrator to look at the facts of the case and make a decision. Arbitration is:
| Attribute | Why? |
|---|---|
| Cheaper | Less court fees, no reliance on court infrastructure. |
| Controlled | The parties have control over the full arbitration process. |
| Quicker | Greatly expedited process (often over a week or less). |
Claim for a Debt
I've done this much, pay me for it and then we're square
Specific Performance
Compel one party to fulfil their obligations. You promised to build me a house, so build it.
Injunction
compel a party to cease from its actions.
Injunctions can either be:
| Injunction | Description |
|---|---|
| Mandatory | |
| Prohibitory | Add a restriction in the contract preventing some acts. Eg. you can't resell my products in the next 5 months. |
Rescission
Consider the contract breached. I.E. null and void. Neither party is expected to live up to the contract terms.
Damages
Fine parties that fail to deliver with damages that [see page 6, can be]:
| Damage | Description |
|---|---|
| Punitive | Punish or make an example of someone. These are generally not available for breach of contract. |
| Restitutory | Take back what others have gained at your expense. You stole my IP, pay me what you've made. |
| Compensatory | Compensate the wronged party for their loss. I.E. Put the party in the position they would be if contract was performed successfully. |