into a contractual relationship, it can happen that a party is not satisfied, for their part of the bargain. This situation is a contract breached. A contract violation is not necessarily the end of the contract or it is not necessary to ask the question before a court. But in case of repeated violations or significant losses after a party does not fulfill their duty, you can decide, with the help of a lawyer, to resolve this issue.
Each job is different and should include measures for contract violations. But there are some basic measures that can be used and to resolve contract violations. The first solution is to ask for compensation. The others, not to fulfill his obligation to be asked, money to reimburse the other party to compensate for their losses. There is also another category of damages and consequential damages mentioned. A party can rely on them if the losses were foreseeable at the time of the contract and signed by both parties. Third kind of damages: liquidated damages. Generally, the amount of these damages in the contract. Finally, a party may be forced to pay punitive damages in case of repeated misconduct. This damage is impossible, however, in order cases.
In addition to the damages that a party can be forced to cover attorneys' fees and costs of the other party, if this clause was expressly stated in the contract. A court may also be the party for the execution of the service, just as in the contract. But the courts rarely to such extreme solution, except in real estate or other unique feature, since the courts do not want to monitor performance. The contract may also simply canceled and both sides are excused from further performance and any money advanced is returned. Finally, a treaty to reform the conditions be amended to reflect what the parties actually.
In the case of an injury, are often well advised to directly negotiate a settlement through mediation and arbitration. This is cheaper than just the filing of an action and letting the courts settle the dispute. Remember that negotiation should always be preferred to litigation in contract law.
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on วันพฤหัสบดีที่ 6 สิงหาคม พ.ศ. 2552
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