Naperville Business Lawyer on Possible Remedies for Breach of Contract Claims

remedies, Naperville business law attorneysAs a business lawyer and a proud business owner, I realize that small and medium-sized businesses represent the backbone of the American economy. Such companies, in turn, rely on various types of business contracts to keep them running properly. Contracts are used to formalize purchase agreements, loans, employer-employee relationships, and a wide variety of other applications.

When you sign a contract, you do so with several expectations. First, you expect that you will comply with the terms and provisions of the agreement. Just as importantly, you expect the other party to do the same. If he or she fails to do so, you may be able to file legal action for breach of contract. Assuming your case is valid and the court rules in your favor, there are several remedies that may be applied to address your concerns.

Money Damages and Restitution

When one party breaches a contract that he or she entered into with another party, the court presumes that the injured party is entitled to obtain the benefit promised by the original contract. In a situation where the contract is totally breached, the injured party may be awarded money damages equal to what he or she would have received if the contract had been honored. If the breach was only a partial breach, the injured party may be awarded damages to cover the costs of finding someone else to perform the duties specified in the contract.

Depending on the circumstances, restitution may be ordered instead, so that the injured party can be made financially “whole” again. This remedy is usually reserved for situations where a contract is voided due to the other party’s incapacity to comply or incompetence.

Rescission and Reformation

Sometimes, a party is induced to enter into a contract by mistake, fraud, duress, or undue influence. When this happens, the injured party may seek to have the contract voided or rewritten with more equitable terms. If the contract is set aside by the court and both parties’ obligations are terminated, it is considered a rescission. A reformation occurs when the court restructures the substance of a contract to correct any previous problems. Courts, in general, are often reluctant to reform contracts, as each party should be responsible for reviewing contracts for accuracy before signing.

Specific Performance

Finally, the court may order the offending party to carry out the duties specified in the original contract. This is often the situation when money damages are not suitable to offset the damage done by the breach. Once an order for specific performance has been entered, the offending party must comply or he or she risks being held in contempt of court, which carries additional penalties.

Speak with a DuPage County Breach of Contract Lawyer

If your company has been negatively affected by a breached contract, an experienced Naperville business law attorney can help you explore your options for addressing the situation. Call The Gierach Law Firm at 630-756-1160 for a confidential consultation today. We will work to ensure that your rights are fully protected throughout the process.

 

Sources:

Horwitz v. Sonnenschein Nath & Rosenthal, Illinois Appeals Court

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