Frequently Asked Questions

What are some contractual terms that can impact the damages and remedies available in a contract breach?

Contractual terms play a significant role in determining the damages and remedies available in the event of a contract breach. These terms are often complex and may be unclear to those without legal expertise. However, they are crucial in defining the consequences of a breach and the subsequent remedies available. One such term is Default, which refers to the failure of a party to fulfill their obligations as outlined in the contract. In the event of a default, the non-defaulting party may be entitled to claim damages or seek other remedies as stipulated in the contract. Another term is Liquidated Damages. This refers to a predetermined amount of money that the defaulting party must pay to the non-defaulting party in the event of a breach. This amount is usually specified in the contract itself and is designed to compensate the non-defaulting party for their loss. Special Damages is another term that can impact the remedies available in a contract breach. Special damages refer to compensation for any specific loss suffered by the non-defaulting party as a result of the breach. These damages are typically awarded in addition to any general damages and are designed to put the non-defaulting party in the position they would have been in had the contract been properly performed.