What remedies are available in case of breach of contract?
In Washington, if a party enters into a contract and then fails to uphold their obligations under that contract, this is considered a breach of contract. A breach of contract can entitle the non-breaching party to obtain various remedies. The most common remedy for a breach of contract is the award of "damages" (payment of money) from the breaching party to the non-breaching party. Washington courts have broad discretion in awarding damages in contract disputes. They will generally award compensatory damages, which are intended to restore the non-breaching party to the position that would have been held had the contract been fully performed. Punitive damages are also available in extreme cases of fraud or willful misconduct by the breaching party. In some cases, the non-breaching party may also be entitled to receive injunctive relief, which is a court order requiring the breaching party to perform specific duties or activities. This may be used to return a party to the contractual relationship that was in place before the breach of contract. A third remedy available for breaches of contract is restitution. This is a court award of the amount that is owed to the non-breaching party by the breaching party. Restitution is designed to return the non-breaching party to the position that they would have been had the contract never been made. Finally, in some cases the non-breaching party may be able to take the breaching party to court in order to seek the return of any property that was given to the breaching party under the contract. This may be in the form of a replevin, which is a court order for the return of property. In conclusion, Washington law provides a wide range of remedies for breach of contract, including compensatory damages, punitive damages, injunctive relief, restitution, and replevin. These remedies are designed to protect parties who suffer financial losses as a result of a breach of contract.
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