Business litigation in Texas often involves issues surrounding a breach of contract. If you are a business owner or other type of principal, you are highly likely to experience a breach of contract at some juncture in time. With this in mind, you may wonder what steps can be taken following a breach of contract. There are four common remedies for a contract breach.
Financial compensation or monetary damages represent perhaps the most frequent remedy when business litigation involves a breach of contract. This compensation can include general damages, money to cover losses sustained by the party not in breach. It can also include special damages, unique losses associated with the breach provided the breaching party knew of these special considerations or requirements.
Specific performance is a remedy through which a court orders the breaching party to satisfy contract obligations. Specific performance is not as frequently used as a remedy for breach of contract as are monetary damages. Specific performance tends to be ordered if the only reasonable remedy is for the breaching party to satisfy the terms and conditions of a contract.
Another remedy in the event of a breach of contract is rescission. With rescission, all of the obligations of the parties to a contract are rescinded and no party has any legal duty to do anything further pursuant to the agreement.
Restitution is ordered in business litigation involving a breach of contract when the non-breaching party has expended money or other quantifiable resources in anticipation of the other party performing obligations pursuant to the agreement.
Breach of contract cases can prove to be legally complicated and sometimes acrimonious. For these reasons, a party to a breach of contract business litigation might be wise to retain the services of a skilled lawyer.