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If you have been harmed due to a breach of contract, you may be wondering about your legal rights and whether it makes sense to proceed with legal action. Breaches of contract can be minor, and some can be resolved without the need to hire an attorney. However, many breaches involve large sums of money and complex issues that require legal counsel to resolve.
A breach of contract can occur in various situations where one party fails to perform its obligations under a valid contract. Here are a few examples of common scenarios where a breach of contract claim may arise:
If someone breaches a contract that you are a party to, you may have several courses of action, depending on the nature and severity of the breach. Some of the most common legal remedies that may be available to you include:
Damages
You may be able to seek monetary damages to compensate you for any financial losses you suffered as a result of the breach. This could include any direct financial losses or consequential damages that you incurred due to the breach.
Specific Performance
In some cases, a court may order the breaching party to perform specific obligations outlined in the contract. Specific performance can be an appropriate remedy in situations where damages would not be sufficient to correct the harm caused by the breach.
Rescission
If the breach was so severe that it makes the contract unenforceable, you may be able to seek rescission of the contract. Rescission would annul the contract, requiring both parties to return to their original state before the contract was signed.
Reformation
If the terms of the contract were ambiguous or poorly written and resulted in a breach, you may be able to request that the court reform the contract's terms to more accurately reflect the parties' intentions.
Mitigation of Damages
It's important to undertake reasonable actions to reduce the amount of damage incurred as a result of the breach. For example, if a breach of contract involves the delivery of goods that are not up to the agreed quality standards, the damaged party should take steps to limit additional damages by not accepting the goods or returning them.
The recourse that you have when a contract is breached depends on the severity of the breach, the language in the contract, and the laws governing the contract. It's always best to speak with an experienced VT breach of contract attorney who can help you understand your options and the best course of action to take in your particular case. Contact Deppman Law PLC today for a confidential consultation about your case.