Where a party breaches a contract the party not in default may be entitled to a remedy. A breach of contract occurs when a party fails to do what they have promised to do. Examples of breach are where a party may misunderstand their obligations, they may no longer have capacity to perform, or they may no longer be willing to perform. There are two categories of remedies available: (1) remedies available as of right, and (2) discretionary remedies. Each will now be discussed.
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