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A contract lays down what must be done, what cannot be done, and when it must be done. If what was prescribed has not been done within the stipulated or reasonable period, there has been a breach of contract. A further form of breach of contract is conduct indicating an unwillingness or inability to perform an obligation arising from that contract.
The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the ...
The contract is based upon the bargain that a party forgoes its ability to sue (if it has not sued already), or to continue with the claim (if the plaintiff has sued), in return for the certainty written into the settlement. The courts will enforce the settlement. If it is breached, the party in default could be sued for breach of that contract.
Pras Michél, a founding member of Grammy-winning hip-hop group The Fugees, is suing his bandmate Lauryn Hill in federal court for fraud and breach of contract, among other claims, over their ...
The 87-page complaint, which also accuses the Times of promissory fraud and breach of implied-in-fact contract, offers a rebuttal of the narrative set forth in the 4,000-word article that has ...
The lawsuit will be heard in North Carolina Business Court, which presides over significant issues of corporate and commercial law. Greensboro-based Judge Julianna Theall Earp will hear the case.
Damages for breach of contract are generally awarded to place the claimant in the position in which he would have been had the contract not been breached. This can often result in a different measure of damages. In cases where it is possible to frame a claim in either contract or tort, it is necessary to be aware of what gives the best outcome.
Liquidated damages, also referred to as liquidated and ascertained damages (LADs), [1] are damages whose amount the parties designate during the formation of a contract [2] for the injured party to collect as compensation upon a specific breach (e.g., late performance). [3]
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