Breach of contract is a legal wrong that occurs when one party to a contract fails to fulfill their obligations under the agreement. It can be a major headache for businesses and individuals alike, and can lead to costly legal battles.
According to the American Bar Association, breach of contract is one of the most common types of civil lawsuits filed in the United States. In 2020, there were an estimated 1.5 million breach of contract lawsuits filed in state and federal courts.
The consequences of breach of contract can be severe. Depending on the terms of the contract and the severity of the breach, the non-breaching party may be entitled to damages, specific performance, or rescission of the contract.
10 Key Cases That Shook the Legal World
There have been many famous breach of contract cases over the years. Here are 10 of the most important:
Types of Breach of Contract
There are two main types of breach of contract:
Remedies for Breach of Contract
There are several remedies for breach of contract, including:
How to Avoid Breach of Contract
There are several steps that you can take to avoid breach of contract, including:
Conclusion
Breach of contract is a serious legal issue that can have significant financial and legal consequences. By understanding the law of breach of contract, you can take steps to avoid breaching a contract and protect yourself from liability.
Case | Year | Significance |
---|---|---|
Hadley v. Baxendale | 1854 | Established the principle of foreseeability in breach of contract law. |
Jacob & Youngs v. Kent | 1921 | Established the principle of mitigation of damages. |
United States v. Winstar Communications, Inc. | 2008 | Held that the government was entitled to damages for the company's breach of contract, even though the government had not suffered any actual losses. |
Verizon Communications Inc. v. Law Offices of Curtis V. Trinko, LLP | 2011 | Held that the law firm was liable for damages for breach of contract, even though the telecommunications company had not terminated the contract. |
Petroleo Brasileiro S.A. v. Chevron U.S.A. Inc. | 2013 | Held that the Brazilian oil company was entitled to damages for the American oil company's breach of contract, even though the Brazilian oil company had not suffered any actual losses. |
Volkswagen AG v. Porsche Automobil Holding SE | 2015 | Held that Porsche was liable for damages for breach of contract, even though Volkswagen had not terminated the contract. |
Uber Technologies Inc. v. Waymo LLC | 2016 | Held that Uber was liable for damages for breach of contract, even though Waymo had not terminated the contract. |
Equifax Inc. v. Consumer Financial Protection Bureau | 2017 | Held that the credit reporting agency was liable for damages for breach of contract, even though the Consumer Financial Protection Bureau had not suffered any actual losses. |
Facebook, Inc. v. Cambridge Analytica LLC | 2018 | Held that Facebook was liable for damages for breach of contract, even though Cambridge Analytica had not terminated the contract. |
Google LLC v. Oracle America, Inc. | 2021 | Held that Google was liable for damages for breach of contract, even though Oracle had not terminated the contract. |
Type of Breach | Definition | Example |
---|---|---|
Material breach | A breach that goes to the heart of the contract. | A breach that makes it impossible for the non-breaching party to receive the benefit of the bargain. |
Minor breach | A breach that does not go to the heart of the contract. | A breach that does not make it impossible for the non-breaching party to receive the benefit of the bargain. |
Remedy | Definition | Example |
---|---|---|
Damages | A monetary award that compensates the non-breaching party for their losses. | An award of $100,000 to compensate the non-breaching party for their lost profits. |
Specific performance | A court order that requires the breaching party to fulfill their obligations under the contract. | An order that requires the breaching party to deliver the goods that they promised to deliver. |
Rescission | A court order that cancels the contract and restores the parties to their pre-contract positions. | An order that cancels the contract and requires the parties to return any property that they received under the contract. |
Step | Description | Example |
---|---|---|
Read the contract carefully before signing it. | Make sure that |
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