If you're
the victim of a breach of contract, there are a handful of remedies available to you.
Not exact matches
While corporates are more likely to be
victims of attacks, these claims could include:
breach of duty in
contract and tort (customers / suppliers); negligence;
breach of the Payment Services Regulation 2009 (Reg 61) and the GDPR;
breach of s 13
of the Supply
of Goods and Services Act 1982;
breach of privacy for unauthorised disclosure
of personal data; and
breach of directors» duties (Companies Act 2006).
The basic test comes down to the simple, if not obvious one
of deciding what is the real purpose
of the
contract, the true benefit intended to be obtained by the injured party, the extent to which the misperformance by the defendant goes beyond falling short
of what was desired by the
victim of the
breach and involves the complete denial to him
of any benefit from the performance that was provided.
In each scenario, you're clearly the
victim of an obviously broken
contract, but the tricky part is determining what type if
contract breach occurred and what remedies are legally available to you.
My (limited) understanding
of the law is that the
victim of a
contract breach must act in a «commercially reasonable» manner to minimize the damage to both parties.
The trial judge found that the incidents complained
of took place outside the workplace, the employee had made a timely apology to the
victim which he had accepted and several
of the incidents alleged to have amounted to sexual harassment and
breach of the employment
contract in fact was found to be «consensual conduct among friends».
In Ontario, civil lawsuits for the
victims of fraud are often framed as claims for deceit, fraudulent misrepresentation, civil conspiracy, civil extortion,
breach of contract, unjust enrichment and restitution.
Most states require a
victim to sue the uninsured motorist (or a fictitious John Doe hit and run driver when litigating the second category
of uninsured motorist claim) for his injuries in order to prevail on a
breach of contract action against the insurance carrier.