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Mar 31, 2022 · Unless the contract specifically said it would be terminated for a breach, it is unlikely a breach would render the agreement void, he says. If the breach is such that it deprives the non-breaching party of the entire benefit of the contract, that party can choose to terminate and sue for damages or insist on performance and sue for damages, says Morrisson.
- Aidan Macnab
The purpose of this paper is to examine what interests may be recovered for the breach of contract and how restitutionary remedies interact with contract. Generally, it can be said that there are three principal interests which may be protected through the award of contract damages:1. 1. 2.
Jan 2, 2024 · Legal Remedies for Breach. When a breach of contract occurs, several legal remedies are available: Damages: The most common remedy, it compensate the aggrieved party for any losses. Restitution: Restoring the injured party to the position they were in before the contract. Specific Performance: Compelling the breaching party to fulfill their ...
In Ontario, many contracts are closed each day between individuals or businesses, but sadly, many fail due to a breach of some kind. If you have been affected, you may want to know about your legal rights and whether you can sue for breach of contract in Ontario. Generally, the answer is yes—but subject to certain conditions.
- Allan Rouben
- allan@allanrouben.com
Other remedies concerns involve whether to make claims for just actual losses (actual damages), meaning claims that seek to recoup money out-of-pocket due to the breach as well as the possibility of stress claims (general damages), and potentially punitive damages as a deterent if the breach of contract was done in a highly malicious or egregious manner that would offend the court so ...
Feb 16, 2021 · After several months, the seller resold the property for $1,242,964.11. The buyers did not dispute that they were in breach of the Agreement. They rested their case on the seller’s failure to get a higher resale price. The court agreed with the seller and awarded it judgment for $353,582.28. In outlining the law in this area of mitigation ...
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Feb 19, 2018 · The judge awarded damages for the applicant’s breaches of contract, including damages for loss of income and opportunity and damages for what the trial judge termed the respondent’s ‘distress, anxiety and depression’. The applicant took issue with the awarding of those damages, and sought leave to appeal on those and other grounds. [2 ...