Elmosa Law

Commercial Transactions

A breach of contract occurs when a party fails to perform under the terms of the contract. A breach of contract can cause the non-breaching party significant damages, including the cost of trying to "cover" or find a substitute to fulfill the contract terms. Depending on the terms of the contract and circumstances of the breach, the non-breaching party may have several options for recovery, including:

  • Enforcing the contract on its terms (specific performance)
  • Canceling the contract and suing for restitution (repayment of money expended)
  • Suing to recover compensatory damages
  • Suing for liquidated damages as specified in the contract

Elmosa Law Office have litigation experience necessary to recover on or defend against contract claims, including claims arising under the Uniform Commercial Code; the statute enacted in all 50 states that governs certain sales of goods, leases of equipment and other financial transactions. For example, our attorneys have successfully prosecuted and collected on cases involving the sale of goods where the opposing party failed to pay for the products that it either resold or used in its business. We have also defended claims against computer software companies alleging defective software, obtaining favorable outcomes for our clients.


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