What can I do about a breach of contract?

UPDATED: Sep 29, 2022

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What can I do about a breach of contract?

A cemetery double sold a plot of sentimental value of my mother’s recently deceased. She was to lay next to her already deceased husband that she buried. She bought 2 plots next to him the same year of his burial. She recently passed and the funeral home said that the plots that she purchased has someone buried there. In the hast of funerals I decided not to disturb the graves and reluctantly allowed them to buried my mother in another plot in agreeance this issue will be resolved later. Now, it’s been a month and the cemetery has failed to satisfy our demands.

Asked on October 9, 2015 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue for breach of contract, but it's not clear how much you'd recover in a breach of contract case, you can only recover an amount of money equal to your economic losses there is no recovery for emotional harm, for example. In this case, that would be the difference in cost between the plot she bought and the plot she was laid to rest in. If the difference in cost is not great, it may not be worthwhile suing. 

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