Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Breach of contract
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
==Rights to damages for breach== Any breach of contract (warranty, condition or innominate term) gives rise to a right in the hands of the innocent party to recover their damage suffered which caused by the breach of contract by the defaulting party. Damages in the UK are the only<ref>Grand China, paragraph 98</ref> remedy available for breach of a warranty.{{citation needed|date=October 2023}} Those damages can come in different forms such as an award of monetary damages, liquidation damages, specific performances, [[Rescission (contract law)|rescission]], and [[restitution]].<ref>{{Cite web |title=What Are the Remedies Available for a Contract Breach? |url=https://www.bc-llp.com/what-are-the-remedies-available-for-a-contract-breach/}}</ref> Damages are classified as being compensatory or punitive. [[Compensatory damages]] are rewarded in an attempt to make place the innocent party in the position that would have been occupied "but for" the breach.<ref>{{Cite web|title=Breaches of Contract - The Basics :: Litigant|url=https://www.litigant.com.au/blog/breaches-contract-basics|access-date=2020-08-23|website=www.litigant.com.au}}</ref> Those damages are most often awarded as payments. [[Punitive damages]] are given to "punish or make an example of a wrongdoer who has acted willfully, maliciously or fraudulently".<ref>{{Cite web|url=http://jec.unm.edu/education/online-training/contract-law-tutorial/remedies-for-breach-of-contract|title=Remedies for Breach of Contract β Judicial Education Center|website=jec.unm.edu|access-date=2020-04-10}}</ref> Punitive damages are awarded only in extreme cases and usually along with compensatory damages.
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)