Question

A maxim of law is that there is no right without a remedy. Your readings this week discuss remedies for breach of contract. If your last name begins with N-Z, do the same but choose a legal remedy instead. You may research the case itself, or a news story about the case. Post your source at the end of your discussion. Discuss how the court or reporter defined the remedy sought and the elements for proving that remedy.

Answer 1

When two parties enter a contract and one party does not adhere to the terms of the contract, it is called breach of contract. In the case of breach of contract, there are two kinds of remedies that are available. One is where the actual loss is compensated and in the second case, notional losses are compensated.

Since we are talking about legal remedies, they normally are in the following forms

Compensatory damages wherein whatever losses that have been incurred by the victim (either actual or notional) are reimbursed by the breacher.

In certain contracts, compensatory remedies are pre-determined. This is known as liquidation damages. This is normally done when compensation is difficult to calculate in tangible terms.

Punitive damages are where the defaulting party is punished. This however happens very rarely and in fact some states in US do not hand out punitive damages in breach of contract cases.

The most recent case in this domain is that between Sam Gores of Paradigm Talent Agency and one of its agents, Debbee Klein. In the ensuing Corona crisis, the company has laid off many of it agents, including Debbee Klein. However the contract says that she can be laid off only for good reasons.

Reference: https://deadline.com/2020/04/paradigm-lawsuit-sam-gores-debbee-klein-coronavirus-adam-kantor-1202895915/