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Breach of Contract Cures, Contract Termination

Contracts will often include “cure” provisions to prevent a party from immediately canceling or terminating a contract in the event of breach. Moreover, as is the case with more complex or lengthy contracts, a “cure” provision allows a party to correct an inadvertent breach of contract.  A cure clause usually states that the non-breaching party […]

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Material Breach of Contract, Rescission

In breach of contract litigation, the usual remedy is that the breaching party must pay money damages on account of the breach. In some cases, however, a breach may result in an outright cancellation (i.e, rescission) of the contract as if it never occurred. Rescission for breach of contract is available where a material breach […]

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Breach of Contract

Contracts govern most things we do in our lives. From car loans, to mortgage agreements, to attorney-client agreements, individuals come together all the time to form contractual relationships. When are contractual relationships breached? Under traditional contract law, a breach occurs when a (1) party is under an absolute duty to perform, this (2) absolute duty […]

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