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ABA Family Legal Guide
Contracts and Consumer Law
When Things Go Wrong
Now you know how contracts should work, and how to avoid the more troublesome kinds of contracts. But what happens when something goes wrong? A significant violation of a contract is a breach. A remedy is how you can go about repairing a breach, or getting compensated for the loss it causes. You might also find yourself out of pocket if the company you're dealing with goes out of business, or is merged with another company. If you act fast, you may be able to collect your layaway goods. And if you're worried about your warranty, you may still have some options.
This final section discusses the last resort when things go wrong: the different kinds of contract relief you can seek from a court. Remember, whenever one side can prove one of the contract defenses discussed in the second section, there's no breach, because there's no enforceable contract. Then the party that does not or cannot perform merely has to pay back any money or return any goods transferred in the agreement.
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Copyright © 2004 American Bar Association