CARLETON HEBERT WITTERNBRINK & SHOENFELT LLC: Possible remedies after a breached contract

By Press release submission | Aug 24, 2018

Carleton Hebert Wittenbrink & Shoenfelt, LLC issued the following announcement on Aug. 16.

In order for a Louisiana business to operate effectively it undoubtedly may have to enter into agreements with vendors and other entities. For example, a restaurant that wishes to serve fresh fish to its patrons may establish a contractual relationship with a fish monger for the regular delivery of certain items that the restaurant wants to keep on its menu. The fish seller and the restaurant may create an agreement for deliveries every Monday and Thursday at a certain time and for a certain fee.

In this example, readers are asked to consider what might happen if the fish seller failed to makes is regular Thursday delivery. Upon discovering that the delivery was not made, the restaurant contacts the fish seller and is told that it will not be able to provide any fish until the next week. The restaurant may be caught in the difficult position of scrambling to find a replacement vendor, updating its menu and managing a host of other delivery-related issues due to the fish seller's breach of their agreement.

It is possible that buying from an alternate vendor may force the restaurant to incur additional costs of that vendor charges more for its products. The restaurant may suffer financial losses if it cannot support its own menu due to its inability to procure the right foods for the dishes it usually makes. Financial losses are a possible hardship a party to a contract may experience if the other party breaches their agreement.

In business contracts like the hypothetical one set forth in this post, aggrieved parties can choose to sue for their financial damages, but they may have other options as well. A party that sustained breach-related losses may ask to have their contract with the breaching terminated, or they may ask a court to compel the breaching party to perform under the terms of the agreement. The remedies a business may wish to pursue will depend upon its needs and the terms of its breached contract, and businesses that are facing losses due to breached agreements should consult with business law attorneys about their legal options.

Original source can be found here.

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