Remedies for Breach of Contract in California
- Consequential Damages: Money damages that will compensate the plaintiff for all reasonably foreseeable damages he/she has suffered as a result of the breach.
- Special Damages: Money damages that will compensate the plaintiff for special, unique or non- foreseeable losses caused by the breach. Special damages are recoverable only if the breaching party was adequately advised that in the event of the breach, the non-breaching party would suffer some particular types of damages.
- Punitive Damages: Punitive damages are not available in breach of contract action.
- Liquidated Damages: Amount of damages that are agreed to and specified in the contract for the non- breaching party to collect in the event of a breach of contract. The specific amount cannot be designed to penalize the breaching party. They must be based on approximate damages that would be suffered by a party in the event of a breach of a contract.
- Recession: Cancellation of the contract that frees the non-breaching party from carrying out his/her obligations under the contract. Recession restores the parties to pre- contract formation position.
- Reformation: Equitable remedy whereby the court will rewrite certain terms of the written contract in order to reflect the parties true intentions.
- Restitution: Restitution is designed to provide the plaintiff an amount of money that equals the value of the benefit conferred on the defendant.
- Injunctive Relief: A court order that directs the breaching party to refrain from doing a specific act.
- Specific Performance: A court order that directs the breaching party to perform his/her obligations under the contract.
Protecting your Interest in Breach of Contract Claim
Attorneys at Fisher & Talwar, PLC are experienced in all business litigation matters, including breach of contract claims. To schedule a free initial consultation, please e-mail us or call (213) 891-0777. Our experienced Los Angeles business dispute attorneys who specialize in breach of contract claims are available to meet with you between the hours of 8:30 am and 6:00 pm, Monday through Friday, and evenings and weekends by appointment.