What are the legal remedies for a breach of contract?

A breach of contract occurs when one of the parties fails to perform their obligations as outlined in the contract. In the state of Florida, there are several legal remedies available to the party that has been wronged by the breach. The court may order the offending party to perform, or “specifically enforce”, their obligations as outlined in the contract. This means they must follow through with what was originally agreed upon. The court may also award damages to the injured party. Damages can include compensatory damages, which are the financial losses suffered by the injured party, and punitive damages, which are meant to punish the offending party and act as a deterrent to prevent them from breaching contracts in the future. The injured party may also choose to receive “rescission and restitution” – this means the contract will be effectively terminated and any money or property that has been exchanged will be returned. Finally, the court may order “injunctive relief”, which is a court order that prohibits the offending party from engaging in a certain behavior (such as continuing to breach the contract). All of the remedies can be tailored to fit the specific needs of the situation. However, regardless of which remedies are used, the goal is to put the injured party in a position that is as close to where they would have been if the breach hadn’t occurred.

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