What are the remedies available for breach of contract?
In Texas, when one party breaches a contract, the non-breaching party may be entitled to remedies in an effort to repair the damage caused by the breach. Generally, there are three remedies for breach of contract: damages, specific performance, and restitution. Damages are perhaps the most common remedy used in breach of contract cases in Texas. Damages help to make the non-breaching party ‘whole’ by compensating them for any losses they’ve suffered as a result of the breach. Damages can be either compensatory, or monetary, damages, which are meant to restore the non-breaching party to the position they would have been in had the contract not been breached, or punitive damages, which are meant to punish the breaching party for their wrongdoing. Specific performance is another possible remedy for breach of contract and is typically used when money damages would be insufficient to repair the breach. In this remedy, the court orders the breaching party to fulfill their obligations under the contract. Finally, restitution can be sought as a remedy for breach of contract when the non-breaching party has already partially performed their part of the contract. In this case, the court orders the breaching party to reimburse the non-breaching party for any losses they have suffered as a result of the breach. Overall, the remedies available for breach of contract in Texas are damages, specific performance, and restitution. The exact remedy used will depend on the particular facts of each case.
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