Remedies for Breach of Contract

Many states utilize a mix of statutory and common law to provide remedies for breach of contract. There are two general categories of remedies for breach of contract: damages and performance. Damages involve seeking monetary compensation for a breach of contract. Performance involves forcing the other side to do what they originally promised in the contract agreement.

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Tricked into Signing a Contract? Your Legal Rights

A valid contract has an offer, an acceptance and consideration. If a contract meets your states requirements for a binding legal agreement, you are generally bound by the contract. Each state provides its own set of exceptions. One generally accepted exception is fraud. Depending on the nature of the fraud and the extent of your damages, if any, you may have criminal or civil remedies.

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Can a co-signer have their name removed from a loan?

There is generally only one way to have oneself removed as the cosigner of a loan; a cosigner’s name is removed is when the loan is paid off. Assuming the borrower or cosigner aren’t able to pay the loan, a cosigner may be removed if the loan is refinanced or if a new loan is taken out to pay off the old loan.

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When Does a Breach of Contract Occur?

People often wonder if they should take action against another when a breach of contract occurs. The first thing to consider is whether a breach has actually occurred. The answer depends on the nature of the contract itself.

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What are the defenses to a breach of contract?

If someone is accused of breach of contract, there are a number of defenses available to argue that a contract should not be enforced. If any of the basic elements of a contract are missing, or if the contract was made with someone of diminished capacity or for illegal purposes, a contract can be unenforceable.

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What is a binding contract?

A binding contract has three key elements. The parties must be competent, there must be consideration, and there must be mutual assent, which means that each side must be clear as to the essential details, rights, and obligations of the contract.

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Does cashing a check marked “paid in full” mean I can’t collect the balance still owed?

It is a common myth that if someone writes “paid in full” on the memo line of a check, and the check is cashed, then the person cashing it has actually agreed to accept that amount as payment in full and is barred from attempting to collect any further balance due. The person writing the check may attempt to argue that by writing “paid in full,” he offered to settle the debt for that amount, and that by cashing the check the other party accepted the offer, forming a new agreement to accept that amount as full payment.

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What is an adhesion contract?

An adhesion contract is a contract where one side has all of the bargaining power and the other side has to agree to the terms or walk away from the transaction. Adhesion contracts are an extremely common form of contract and an essential part of doing business. However, in certain cases, adhesion contracts or clauses within the contracts will not be considered enforceable.

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