Specific performance

If you are suing for a breach of con­tract you are prob­a­bly won­der­ing what money can you col­lect.  You could also be won­der­ing if there is any other relief that you can obtain from the court. Listed below are the basics of what you can sue for in a breach of con­tract case:

1. Com­pen­satory Damages.
2. Con­se­quen­tial Damages;
3. Liq­ui­dated Damages;
4. Injunc­tions and other Equi­table Relief.

COMPENSATORY DAMAGES:

If you can prove your breach of con­tract claim, then the judge usu­ally awards com­pen­satory dam­ages.  The pur­pose of com­pen­satory dam­ages it make the plain­tiff be in the same place as if the con­tract had been performed.

CONSEQUENTIAL DAMAGES:

If you can prove that the other party knew or could have fore­seen when the agree­ment was made, you can recover con­se­quen­tial damages.

One com­mon issue in a breach of con­tract case regard­ing con­se­quen­tial dam­ages is whether you can recover for lost prof­its.  The gen­eral rule is that you can only recover for lost prof­its if this issue was rea­son­ably fore­see­able when you signed the con­tract and the other party knew of your cir­cum­stances or if it is expressly writ­ten in the con­tract. For exam­ple, if you plan on open­ing a restau­rant, and the party that you con­tracted with failed to install a stove, you may be able to recover con­se­quen­tial damages.

LIQUIDATED DAMAGES

When dam­ages will be dif­fi­cult to assess if a con­tract is breached, you can agree to a liq­ui­dated dam­ages clause in your con­tract. A liq­ui­dated dam­ages clause will state the amount of dam­ages that will be paid if there is a breach.

INJUNCTIONS:

If mon­e­tary dam­ages are insuf­fi­cient, the judge has the power to order an injunc­tion, attach­ment, spe­cific per­for­mance and rescission.

For more reading:

• You Just Got Sued, Now What?
• Tips for col­lect­ing money from com­pa­nies that may no longer exist
• Ten Things you must know before enter­ing into a contract

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