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Personal Contract Remedies

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What is a Personal Contract?

A personal contract is a contract entered into by single individuals, rather than representatives or agents on behalf of a business.  A personal contract may also refer to a contract for the exchange of personal property rather than real property.  Thus, “personal contracts” can cover a wide range of goods and services.  It may also refer to contracts allowing one party to use the property of another, such as a contract allowing one person to borrow another’s car for a certain time period.

In What Ways Can a Personal Contract be Breached?

Personal contracts can be breached in a number of ways.  Depending on the agreed-upon contract terms, some ways a personal contract can be breached include:

  • Failure to render payment
  • Failure to deliver goods as promised
  • Changing amounts or quantities of the good
  • Transferring or assigning contractual duties to another party without authorization

Another common type of breach is where one party provides a different item than what was agreed upon.  In a personal contract, this can cause quite a conflict, as the subject of many personal contracts is often a one-of-a-kind item or a rare collectible item.

What are Some Personal Contract Remedies?

In most cases, the appropriate legal remedy is for the breaching party to provide the non-breaching party with a monetary damages award.  This is meant to compensate them for any economic losses springing directly from the breach of contract.  For example, the defendant may need to pay the plaintiff for the cost of goods that were never delivered.

In some cases, the plaintiff can also other related damages, such as those covering additional losses caused by the breach.  An example of this is a loss of profit or wages due to a missed shipment of goods.

In other examples, equitable remedies can be enforced, such as an injunction.  For example, the defendant may be issued an injunction ordering them to cease the unauthorized use of copyrighted material.  For equitable remedies, the plaintiff can’t recover if they have engaged in a similar wrongdoing as the defendant.

Do I Need a Lawyer for Help With Personal Contract Remedies?

Filing for remedies in a personal contract claim can sometimes involve many different legal issues.  You may wish to contact an experienced contracts attorney in your area if you need assistance with a personal contract lawsuit.  Your lawyer will be able to provide you with advice on the contract laws in your area, and can represent you in court during the lawsuit. 

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 12-19-2013 10:55 AM PST

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