What remedies are available in case of breach of contract?

When a party breaches a contract in California, the non-breaching party has a right to seek compensation for any losses arising from the breach, known as damages. There are two main types of damages available: compensatory and punitive. Compensatory damages are intended to make the non-breaching party “whole” and are typically awarded to cover the actual losses suffered due to the breach. Punitive damages are intended to punish the breaching party, and are generally not awarded unless the breach was intentional or reckless. In addition to damages, an aggrieved party may also seek specific performance. This is an equitable remedy that requires the breaching party to perform their obligations as outlined in the contract. A court may also grant a party an injunction, which is an order from the court requiring the breaching party to cease certain activities or actions. Finally, a court may also award attornment damages, which is monetary compensation for any inconvenience or extra costs incurred by the non-breaching party in finding a new party to fulfill the contract. In general, the type and amount of damages awarded depends on the facts of each case and the severity of the breach. It is best to consult an experienced attorney to determine the best course of action.

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