You have hired a contractor to do renovation work and the latter has not respected the rules of the art? You have entered into a purchase or loan agreement and the other party is not meeting their obligations?
Failure to comply with the contract
When an obligation arose from a contract, it is called a contractual civil liability. Be aware that a contract can be concluded even if you have not signed an official contract on paper.
Indeed, the law does not distinguish between a written contract and a verbal contract; as soon as there is an implied agreement to enter into a commitment, the contract is born, and every person must honour that commitment.
Compensation for damage and inconvenience suffered
In the event that a party does not comply with the contract, it must compensate for the damage caused to the other party, whether physical, moral or material.
As in any civil liability case, the following three criteria must be met to be entitled to a remedy: fault, damage and causation.
However, it should not be forgotten that the law provides for an obligation to minimize your damages. So even if you have suffered harm, you must behave carefully and diligently so as not to aggravate your damage.
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What is a claim for damages?
Damages are a form of compensation for the party who has suffered damage as a result of the breach of a contractual obligation by the other party. Damage caused by failure to comply with the contract includes both a loss suffered and a lost gain.
It may also exist when the performance of the obligation has been late. For example, a delay in the execution of work that resulted in lost revenue for a company.
Other possible remedies against its counterparty
In addition to a claim for damages, you may bring other actions as appropriate:
- An injunction : to force the contracting party to respect the contract;
- Performance by equivalent: for the other party to pay its share of the contract in cash;
- Cancellation of the contract ;
Contact us to sue your counterparty and see the possibility of claiming damages for the damage you have suffered.
In the majority of our files, we accept a percentage agreement, that is, an agreement based on the amount that will be collected from the opposing party.
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