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Remedies for breach of contract

On Behalf of | Jun 1, 2021 | Business Litigation |

One of the most common of all legal business disputes brought to court are claims for a breach of contract. Almost all California businesses operate on contracts, and many of those are actually set forth in specific language. Enforceable contracts typically require certain consideration for all involved contracted parties, and obligations can be both implied or stated in contractual wording. The problem becomes one of determining whether or not a breach of those requirements has occurred, and moreover if the plaintiff is entitled to any specific type of remedy.

Specific monetary damages

Many times a plaintiff in a contract dispute can claim a specific financial loss due to the actions or failure to act of a contracted party. In a business litigation hearing where all evidence is reviewed, any claim for a designated amount of money can be awarded as “special” damages. These are a form of compensatory damages that can also be claimed in some other cases without providing a discreet dollar amount.

General damages

Business litigation attorneys most commonly request general damages when there has been a significant loss of revenue for their clients due to multiple breaches by the respondent party. Different from special damage claims, there are no definitive dollar amount losses associated with general damage claims. However requests for financial damages that can satisfy the plaintiff for their loss are typically submitted in the litigation filing.

Punitive damages

The strongest form of business litigation remedy is punitive damages. The term means exactly what it states, as it is intended as punishment for contracted parties who are guilty of gross breach of their contract obligations to the plaintiff. Punitive damages can only be awarded by a jury following a full trial regarding the legal matter. These are very serious legal cases, and many times the damage amounts are very extensive.