What are some of the remedies available to parties to a contract who breach their obligations?
In North Carolina, there are several remedies available to parties to a contract who breach their obligations. The most common and easiest to obtain is “specific performance”, which requires the breaching party to perform their obligation as outlined in the contract. This remedy is often used in contracts involving the transfer of land or real estate. Another remedy available is “rescission”, or the cancellation of a contract. This is often used when both parties to the contract have been damaged by the breach and they mutually agree to cancel the contract. In some cases, the injured party may be entitled to “damages” from the breaching party. This is money paid to compensate the injured party for losses they have suffered due to the breach. These can include compensatory damages to make up for any losses suffered, and punitive damages which are meant to punish the breaching party. Lastly, “injunctive relief” is a remedy available in some cases. This requires the breaching party to take steps to ensure the contract is fulfilled. For example, an injunction could require the breaching party to cease activities which violate the terms of the contract. In any case, the remedies available to parties who breach their contract obligations in North Carolina can vary depending on the circumstances of the breach. It is always important to contact a qualified lawyer for advice on how to proceed and to ensure that your rights are protected.
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