A party who breaches a contract can be held responsible to pay the non-breaching party for all of the damages or losses that occurred as a consequence of the breach. Damages may be very specific to the kind of breach that has occurred.
- Compensatory damages: aim to put the non-breaching party in the position that they had been if the breach had not occurred.
- Punitive damages: designed to punish the breaching party for particularly wrongful acts, and are rarely awarded in the business contracts setting.
- Nominal damages: a small amount of money awarded to the non-breaching party when a breach occurred, but no actual money loss to the non-breaching party was proven.
- Liquidated damages: the amount of money specified in a contract to be awarded in the event that the agreement is violated.
- Specific performance: an order of a court which requires a party to perform a specific act, often what is stated in a contract.
- Cancellation and recision: a non-breaching party may cancel the contract and sue for recision, which is a contract remedy that enables the non-breaching party to be put back in the position it was in prior to the agreement. Cancellation of the contract voids the contract and relieves all parties of any obligation under the agreement.
For thirty years the Law Office of Thomas C. Tagliarini has held strong to a belief in efficiency as well as respect to client concerns regarding legal costs and fees. Our philosophy is to provide practical and candid advice to our clients, to handle all matters efficiently, and to obtain the best result at a cost that is reasonable and proportionate to the situation.
As a small firm we are able to provide the kind of personalized attention that you don’t often find at larger San Francisco law firms. Our East Bay business dispute lawyer performs a thorough analysis on all aspects of a case, which results in a customized litigation strategy for each client. To keep litigation costs and fees to a minimum, our case analysis also includes a review of alternative methods of dispute resolution such as mediation, arbitration and negotiation.