What are some of the remedies available to parties to a contract who breach their obligations?

In Washington, parties to a contract who breach their obligations are subject to a variety of remedies. Generally, the remedies are divided into two categories: legal remedies and equitable remedies. Legal remedies refer to those imposed by the court, resulting in the payment of money in order to make up for the non-compliance. Common legal remedies include damages, restitution, and specific performance. Damages are a payment made to compensate the non-breaching party for their losses resulting from the breach, such as medical bills or lost wages. Restitution is similar, though it is not meant to compensate the non-breaching party for their losses, but to restore them to the position they were in before the breach occurred. Lastly, specific performance requires the breaching party to fulfill their obligations as stated in the contract. Equitable remedies are provided by the court as an alternative to legal remedies, and are designed to provide a more appropriate resolution to any issues that arise from a breach of contract. Equitable remedies include rescission, which cancels the contract, and reformation, which adjusts the terms of the contract to reflect the original intentions of the parties. Additionally, injunction is an equitable remedy that prevents the breaching party from taking any further action in breach of the contract, thus preserving the contractual relationship between the parties. Finally, if the breach was willful, parties to a contract in Washington may be entitled to punitive damages, which are designed to punish the breaching party and prevent them from engaging in similar breaches of contract in the future.

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