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Breach of contract: Know your options for remedy

Once a party breaches a contract with you, you have the legal right to hold that party responsible for the harm caused. At Kaufman & Forman, P.C., we know how devastating it can be to your business when this occurs. We can help you pursue justice through taking one of several courses of action.

In Georgia, parties that violate a contract may be subject to one of several remedies. The most common path to take is to sue the party for damages. This compensation can restore your financial losses if the breach caused any. Other damages include nominal fees, which are small amounts of money awarded when no financial loss occurred. You could also sue for punitive damages, which will punish a party that committed an exceptional wrongdoing.

Suing for financial damages may not be the right path for you, however. You can also file a claim seeking something called specific performance. This essentially means that a court will order the other party to hold up its end of the claim.

If any fraud is involved in the contract, you may be able to have it voided. As Georgia Legal Aid points out, if you wish to go this route, you must prove that the other party made fraudulent statements that convinced you to enter into the agreement.

You also have the option to simply cancel the contract and require the party to pay restitution. Restitution is defined as compensation provided to restore you to the condition you were in prior to the breach of contract.

For more information on this topic, please visit our page regarding commercial litigation issues.

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8215 Roswell Road
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Atlanta, GA 30350

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

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