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The Enforcement Of a Contract  

If a contract has been breached, the next step is for the non-breaching party to try to enforce the agreement.  There are, however, several hurdles one must overcome to enforce a contract. For example, in order to enforce one's contractual rights, there must first be a valid contract, i.e., one that satisfied all the elements for an agreement in Pennsylvania. Click here to learn about the elements of a valid contract. Then, assuming a valid contract exists there may be defenses to enforcement, such as the four year statute of limitations in PA.

 

 

Identifying the Types of Damages Available 

OK, let's say you can prove that the opposing party has breached a binding and valid agreement.  Next, you must determine what damages you  seek in terms of a recovery.  People usually seek money.  (That said, a person can also seek an order compelling another party to do something specific or specific performance, such as not compete with you in violation of a non-compete.)

 

 

Identifying the Value of the Claim

The next question is, how much money one can recover?  Typically, the courts try to put the non-breaching party the same position he would have been, had the contract been carried out as intended.  One cannot recover for attorney fees, unless the agreement expressly allows for it or there is evidence of fraud or violation of a consumer protection statute.

Then, when you ascertain how much money you can lawfully recover, you make a claim against the other side, to be resolved through negotiation, litigation, or alternative dispute resolution.  If, for example, you must litigate the matter to a judgment, the next challenge is to enforce the judgment against the Defendant's insurance or any assets he may have.  This can present challenges.   But again, we do not want to discourage you because these hurdles are things that our lawyers overcome on a regular basis.

 

Call or Email us for a free Consultation

 

412.780.0008

 






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Key Topics:  Essential Terms | Oral Versus Written Agreements  | Statute of Limitations  | Breach