What is a hardship in civil law?

In civil law, a hardship is a difficult situation experienced by one party (the injured party) in a contract that is caused by the actions of the other party (the defendant). In North Carolina, a hardship is considered a breach of contract or an inability to fulfill the obligations of the contract, such as failing to pay an agreed-upon amount of money. For example, if two people agree to a $2,000 payment for a piece of property, but the buyer fails to make the payment within the agreed-upon timeframe, the seller may have to take the buyer to court to receive the payment. The court would then consider the financial hardship the seller has undergone due to the buyer’s own actions. In civil law, the court takes the hardship into consideration when determining the severity of the breach. The court may reduce fines, order the defendant to pay damages, or even release the defendant from their obligations under the contract. Alternatively, the court may determine that the defendant has not caused enough of a hardship and order the defendant to still fulfill the contract. When a breach of contract is determined, the court may also consider whether the defendant acted in an intentional or unintentional manner. If the court finds that the defendant intentionally breached the contract, the court is likely to impose a harsher penalty than if the breach was unintentional. This serves to discourage future breaches and protect those whose rights are violated.

Related FAQs

What is a waiver of service in civil law?
What is the purpose of a discovery in civil law?
What is a permanent injunction in civil law?
What is a declaratory judgment in civil law?
How does a court decide a civil lawsuit?
What is a discovery request in civil law?
What is a pre-trial conference in civil law?
What is a writ of mandamus in civil law?
What is the purpose of civil litigation?
What is the doctrine of precedent in civil law?

What is a hardship in civil law?

Related FAQs

Related Blog Posts