Breach of contract is a general term for violations of operating agreements between two or more parties. It is the essence of many legal actions. Most Pennsylvania businesses use contracts of some form in their daily operations, including implied contracts, and most business legal disputes fall into this category in some manner. While some contracts are implied, the truth is that most breaches of contract issues arise from contractual language when parties have agreed to a set of services and responsibilities. And when a breach of contract litigation appears apparent, there are three specific remedies that can rectify the dispute.
Restitution
Restitution is the simplest remedy for contract litigation and disputes. Restitution is typically the award when the plaintiff can prove the actual dollar amount they have lost due to a contractual breach but have no further damage claims.
General damages
General damages are typically a remedy when the plaintiff proves clearly that a breach by the respondent has cost them a significant amount of financial resources without being able to determine the actual dollar amount. Punitive damages can be sought in addition to general damages, which some attorneys representing contract disputes clients ask for. General damages lawsuits are usually whole damages requests as well.
Rescission
Not all contracts are legally binding and enforceable. Valid contracts have reasonable consideration for all parties, and some contracts can be very coercive and one-sided in structure. Sometimes a request to void a contract is granted when the court finds the contract is unenforceable.
