What damages amI entitled to in a breach of contract lawsuit?

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What damages amI entitled to in a breach of contract lawsuit?

Our purchase agreement on a small coffee shop include a stipulation that pavement applied to the dirt lot (which the seller kept and is leasing us) within 90 days of purchase. The owner laid down crushed recycled asphalt but stopped there. I contacted the city and a pavement company and both state that the crushed asphalt is not considered pavement and isn’t to city code. The 90 days is up in a week. Can we sue for breach of contract, and what are out options. i.e. sue for full amount back on the purchase of the business; (and give back to them), or just sue for the amount of completion?

Asked on August 3, 2010 under Business Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It sounds from what you right that the contract was breached. If so, you sue. Given the nature of this breach--one that does not go to the core of the business, its viability, or its value--it's unlikely you could rescind the contract and get all your money back. What is much more likely is that you could sue for the costs involved in completing the paving--removing the crushed asphalt, labor and supplies to pave, etc. For non-critical breaches, the usual damages are related to what you lost because of the breach, or the cost to correct, or in legal parlance, "cure," the breach. Here, that would be the cost to have the paving done as per the original contract. Good luck.


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