That said, parties harmed by a breach of contract have a duty to mitigate that harm. Reliance damages are based upon the principle of promissory estoppel, and granting them is subject to the court’s discretion. For example, a party who purchases lifeguard equipment in reliance upon a pool construction contract’s fulfillment may be able to recover the costs of the lifeguard equipment in the event of a breach. Under this doctrine, a party who reasonably relied upon a contract that was later breached can be granted compensation for the reasonable expenses they incurred due to that reliance. Nonetheless, in specific circumstances, a party may successfully recover more money than initially contracted for under the doctrine of reliance damages. This hesitancy to award punitive damages is due to the theory of efficient breach which argues that breaching contracts and paying damages is sometimes economically beneficial for society as a whole. For example, if a party agrees to pay $50,000 to have their house painted but is only willing to hand over $10,000 once the painting is complete, the court will award the painters $40,000 in damages. Generally, these damages are limited to what is listed in the contract and, unlike damages from tort cases, courts do not award punitive damages for breaches of contract. As a result, the default remedy available for a breach of contract is monetary damages. The overarching goal of contract law is to place the harmed party in the same economic position they would have been in had no breach of contract occurred. Due to the frequency of breaches of contract, a robust body of law has grown to resolve the ensuing disputes. All rights reserved.A breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations. Infringement is most frequently used to denote encroachment on another's rights: "Necessity is the plea for every infringement of human freedom" (William Pitt the Younger).įarlex Trivia Dictionary. "The act of torture is such an extreme trespass against the laws of war that it may seem beside the point to wonder whether any other forms of wrongdoing have been carried out" (Elaine Scarry). Transgression and trespass most often apply to divine or moral law: "She had said that the transgression was all the more shocking because the official was charged with enforcing federal laws against sexual harassment" (Jane Mayer and Jill Abramson). Violation generally applies to the breaking of an explicit law or rule ( a traffic violation a violation of international law) it can also imply a failing to follow a moral or ethical standard: a violation of human rights a violation of one's privacy.
Their behavior amounted to an infraction of the unwritten social code. Breach and infraction are the least specific when applied to lawbreaking they may imply a relatively minor offense, but they are also widely used in nonlegal contexts: Revealing the secret would be a breach of trust.
These nouns denote an act or instance of breaking a law or regulation or of failing to fulfill a duty, obligation, or promise. Synonyms: breach, infraction, violation, transgression, trespass, infringement
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