What damages amI entitled to in a breach of contract lawsuit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What damages amI entitled to in a breach of contract lawsuit?

Our purchase agreement on a small coffee shop include a stipulation that pavement applied to the dirt lot (which the seller kept and is leasing us) within 90 days of purchase. The owner laid down crushed recycled asphalt but stopped there. I contacted the city and a pavement company and both state that the crushed asphalt is not considered pavement and isn’t to city code. The 90 days is up in a week. Can we sue for breach of contract, and what are out options. i.e. sue for full amount back on the purchase of the business; (and give back to them), or just sue for the amount of completion?

Asked on August 3, 2010 under Business Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

It sounds from what you right that the contract was breached. If so, you sue. Given the nature of this breach--one that does not go to the core of the business, its viability, or its value--it's unlikely you could rescind the contract and get all your money back. What is much more likely is that you could sue for the costs involved in completing the paving--removing the crushed asphalt, labor and supplies to pave, etc. For non-critical breaches, the usual damages are related to what you lost because of the breach, or the cost to correct, or in legal parlance, "cure," the breach. Here, that would be the cost to have the paving done as per the original contract. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption