Legal Question in Business Law in California

What are the pros and cons of available remedies to a plaintiff for a successful breach of written contract suit?


Asked on 4/13/11, 10:18 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

There's no "con" to a remedy, a remedy is something you only get when you win. You might recover damages (that you can prove) that are based on your loss from the breach of contract, or on your expected gain that you would have got had the other party not committed a breach. If the contract contains the magic words "attorney fees," then you also can recover your reasonable attorney fees. You can't get contract damages for emotional distress, hurt feelings, nor punitive damages. I suppose one "con" is that, if the contract doesn't have an attorney fees clause, you would have to pay your own attorney fees -- which might exceed your recovery.

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Answered on 4/14/11, 12:04 am
Anthony Roach Law Office of Anthony A. Roach

The alternative remedies in a breach of contract suit are either specific performance or money damages. Within the money damages category, they are generally classified as liquidated damages (stipulated on the actual contract) or expectation damages. With expectation damages, the court awards the aggrieved party the benefit of his bargain, although California law has some exceptions to this. (Such as when lost profits applies and does not apply.)

I'm not sure from your post what the subject nature of your contract was, so I cannot provide you a more specific response.

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Answered on 4/14/11, 9:38 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Other remedies that might come up occasionally in a suit based on breach of contract might include rescission, reformation and injunction. Most plaintiffs are happy with money damages, if the award is sufficient and collectible. A successful plaintiff's main concerns with a money judgment are collectibility and the likelihood of appeal. The remedy of rescission is discussed in the Civil Code, sections 1689-1692. Reformation, at Civil Code 3399 et seq.; injunction, to some extent at least, is discussed at CC 3423 and Code of Civil Procedure section 526. There are also restitutionary remedies such as the writ of possession, CCP 512 et seq.

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Answered on 4/14/11, 10:43 am


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