Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 2507 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi all,

 

Been a while since I have posted here. Lots of legal stuff going on with a libel case (which I successfully defended).

 

I digress; a situation has occurred and I have no idea what it means in law.

 

Perfect Homes took a payment out of an account twice. Does this count as a breach of contract? If so, what realistic remedy is afforded to the non-breaching party?

 

I know the following are available:

 

Damages

 

The remedy that is most often used for a breach of contract is the remedy of damages -- payment in one form or another, made by the breaching party to the non-breaching party. There are many kinds of damages, and generally speaking damages may be very specific to the kind of breach that has occurred. Following are some guidelines on damages.

 

Compensatory damages aim to put the non-breaching party in the position that they had been if the breach had not occurred.

 

Punitive damages are payments that the breaching party must make, above and beyond the point that would fully compensate the non-breaching party. Punitive damages are meant to punish a wrongful party for particularly wrongful acts, and are rarely awarded in the business contracts setting.

 

Nominal damages are token damages awarded when a breach occurred, but no actual money loss to the non-breaching party was proven.

 

Liquidated damages are specific damages that were previously identified by the parties in the contract itself, in the event that the contract is breached. Liquidated damages should be a reasonable estimate of actual damages that might result from a breach.

 

Specific Performance. If damages are inadequate as a legal remedy, the non-breaching party may seek an alternative remedy called specific performance. Specific performance is best described as the breaching party's court-ordered performance of duty under the contract. Specific performance may be used as a remedy for breach of contract if the subject matter of the agreement is rare or unique, and damages would not suffice to place the non-breaching party in as good a position as they would have been had the breach not occurred.

 

Cancellation and Restitution. A non-breaching party may cancel the contract and sue for restitution if the non-breaching party has given a benefit to the breaching party. "Restitution" as a contract remedy means that the non-breaching party is put back in the position it was in prior to the breach, while "cancellation" of the contract voids the contract and relieves all parties of any obligation under the agreement.

 

However, I do wonder how realistic it would be for the non-breaching party to "cancel" an agreement under these circumstances?

 

Thanks

Share this post


Link to post
Share on other sites

hi, i think all you can expect is for any of your financial losses caused by the second payment leaving your account. i dont think it would be realistic for you to cancel the agreement under this circumstance.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...