Contract Litigation

Breach of contract occurs when a party fails to perform a contractual duty or obligation. The type of reason for the breach determines what remedy the injured party may seek. Only a material breach, such as willful refusal to perform or a failure to pay or to perform a substantial part of the contract, may result in its termination or rescission unless there is an adequate defense, and only a judge or jury can say whether a breach is material.

Other breach of contract remedies include an injunction, restitution, or money damages.